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Patna High Court

Sarita Kumari @ Sarita DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and the appellants are granted anticipatory bail subject to conditions.

Summary

The appellants, Sarita Kumari and Chandan Ray, appealed against the Special Judge's order rejecting their anticipatory bail in a case under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused, along with unknown persons, had abused the informant on the basis of caste, assaulted him, forced his signature at gunpoint, and attacked his family with weapons. The appellants contended that they were falsely implicated, that no specific allegation of using the informant's caste name in public was made against them, and that they had no intention to disgrace the informant. The court observed that there were no specific allegations against the appellants and considered the period of their custody, deciding to set aside the lower court's order. Consequently, the appeal was allowed and the appellants were granted anticipatory bail subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the appellants despite charges under the BNSS and SC/ST Act.
  • Whether the prosecution has made specific allegations against the appellants under the SC/ST Act.
  • Whether the period of custody and lack of specific charges justify granting anticipatory bail.
  • Application of Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste-based violence
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2879 of 2025
                         Arising Out of PS. Case No.-31 Year-2025 Thana- Marnga District- Purnia
                 ======================================================
           1.     Sarita Kumari @ Sarita Devi W/O Chandan Ray @ Chandan Roy Resident
                  of Village- Shivshakti Nagar, P.S.- Maranga, District- Purnea
           2.    Chandan Ray @Chandan Roy S/O Suraj Narayan Jha @ Surya Narayan Ray
                 Resident of Village- Shivshaki Nagar, P.S.- Maranga, District- Purnea

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Manindara Kaushal S/O Late Gulai Ram Resident of Village- Shiv shakti
                 Nagar, P.S.- Maranga, District- Purnea

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Md. Musowir, Advocate
                 For the Respondent/s     :        Mr. Usha Kumari 1, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   09-02-2026             Heard learned counsel for the appellants and learned

                   Special Public Prosecutor for the State. Perused the case diary.

                           2.      The instant appeal has been filed by the appellants

                   against the order dated 02.06.2025 passed by learned Special

                   Judge, SC/ST (PoA) Act, Purnea whereby the prayer for

                   anticipatory bail of the appellants in connection with Maranga

                   PS Case No. 31 of 2025 instituted under Sections 117(2),

                   115(2), 308(2), 318(4), 118(1), 109, 303(2), 351(2), 352 & 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(i)(r)(s) &

                   3(2)(va) of SC/ST Act was rejected.

                           3.      Prosecution case, in short, is that all the FIR named
Patna High Court CR. APP (SJ) No.2879 of 2025(4) dt.09-02-2026
                                             2/3




          accused persons along with 5-6 unknown miscreants abused the

          informant by caste name, assaulted him, got his signature at

          gunpoint and on the direction of co-accused, Manju Devi,

          attacked him and his family with iron rod, dabiya, lathi and

          danda, dragged his wife by the neck and tore her clothes.

                  4.      Learned counsel for the appellants submits that the

          appellants are innocent and have falsely been implicated in the

          present case. There is no specific allegation against the

          appellants, rather the same is general and omnibus in nature.

          Learned counsel for the appellants further submits that the

          appellants have not taken the caste name of the informant in

          public view. Hence, no offence under the provisions of SC/ST

          Act is made out against them. The appellants have no intention

          to disgrace the image of the informant in public view. The

          appellants have one criminal antecedent each. Similar co-

          accused has been granted regular bail by this Court vide order

          dated 03.07.2025 passed in Cr. Appeal (S.J.) No. 1424 of 2025.

                  5.      Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the

          appellants.

                  6.      Considering the aforesaid facts and circumstances

          of the case, there being no specific allegation against the
           Patna High Court CR. APP (SJ) No.2879 of 2025(4) dt.09-02-2026
                                                        3/3




                     appellants and the period of custody undergone by the

                     appellants, this Court is inclined to allow this appeal.

                     Accordingly, the appeal is allowed and order dated 02.06.2025

                     passed by learned Special Judge, SC/ST (PoA) Act, Purnea is

                     hereby set aside.

                             7.      Let the appellants, above-named, in the event of

                     their arrest or surrender before the learned Court below within a

                     period of six weeks from today, be released on anticipatory bail

                     on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen

                     Thousand) each with two sureties of the like amount each to the

                     satisfaction of the learned court below where the case is

                     pending/successor court in connection with Maranga PS Case

                     No. 31 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the BNSS, 2023.,


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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