Patna High Court
Pushpa DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is allowed and anticipatory bail is granted to the appellants subject to bail bond and surety conditions.
Summary
The appellants, Pushpa Devi and Anurag Kumar, were charged under several sections of the Bihar Negotiable Securities Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting an informant who claimed she was subjected to caste-based abuse after an inter‑caste marriage. The appellants contended that the case was false, arising from a family dispute, and that the FIR contained only vague, omnibus allegations without specific reference to them. They appealed the trial court’s refusal to grant anticipatory bail under Section 14‑A(2) of the SC/ST Act. The Special Public Prosecutor and the informant opposed the bail but could not refute the claim of familial rivalry and lack of specific charges. The Patna High Court, considering the submissions, ordered that the appellants be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Securities Act, and set aside the impugned order. The appeal was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the appellants under Section 14‑A(2) of the SC/ST Act despite the FIR containing multiple serious offences.
- Whether the allegations in the FIR are sufficiently specific to sustain the denial of anticipatory bail.
- Whether the case is a false prosecution arising from a family dispute, warranting bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 109, 115(2), 117(1), 118(2), 126(2), 3(5), 351(2), 352, 482(2), 76
- Code of Criminal Procedure, 1973 — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r)(s)(w)(i)
Subjects
- anticipatory bail
- SC/ST Act
- false prosecution
- inter‑caste marriage
- caste‑based assault
- bail conditions
- specificity of allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2935 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- CHORAUT District- Sitamarhi
======================================================
1. Pushpa Devi, W/o- Sudhir Mishra Village- Yadupatti, PS-Choraut, District-
Sitamarhi
2. Anurag Kumar @ Shashikant Kumar, S/o- Sudhir Mishra, Village- Yadupatti
PS-Choraut, District- Sitamarhi
... ... Appellant/s
Versus
1. The State of Bihar
2. Sunita Devi, D/o- Mohit Paswan Village- Parsa, P.S.- Harlakhi, Dist.-
Madhubani, P/A- Village- Yadupatti, PS-Choraut, District- Sitamarhi
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Hari Kishore Thakur, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P
Mr. Birendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 01-04-2026 1. Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and learned counsel for
the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 07.07.2025 in A.B.P. No. 43 of 2025 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge SC/ST
Patna High Court CR. APP (SJ) No.2935 of 2025(6) dt.01-04-2026
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(POA) Act, Sitamarhi in connection with Choraut P.S. Case No.
53 of 2025 registered under Sections 126(2), 115(2), 109,
117(1), 118(2), 76, 352, 351(2), 3(5) of the B.N.S. as well as
Sections 3(1)(r)(s)(w)(i) of the SC/ST Act.
3. Learned counsel appearing on behalf of the
appellants submits that appellant no. 1 has antecedent of one
case and appellant no. 2 is a person with clean antecedent and
the informant alleges that she performed inter-caste marriage
with Gopal, further at 9.00 pm she was going to her rented
premises then six named accused persons including the
appellants acted inappropriately with her and tore her sari and
abused by taking caste name, further when people of her caste
came to save her, accused persons assaulted them by farsa and
knife causing injury to Anil, Tej Narayan and Sangita.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is next submitted that appellant no. 1 is cousin
sister of Gopal and appellant no. 2 is maternal nephew of Gopal.
It is further submitted that a dispute in between the family of the
appellant and Gopal is brewing which led to the institution of
the instant false case. It is further submitted that from perusal of
the allegation as alleged in the FIR, it would manifest that the
Patna High Court CR. APP (SJ) No.2935 of 2025(6) dt.01-04-2026
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allegation of assault and abuse is general and omnibus in nature
i.e. no specific allegation of abuse and assault is made against
the appellants. It is next submitted no doubt persons from the
side of the informant received injury but then as submitted
allegation of assault is not specific and on account of dispute in
between the family members of Gopal and the appellant no. 1,
the instant false case has been instituted.
5. Learned Special Public Prosecutor for the State as
well as learned counsel for the informant opposed the appeal but
then are not in a position to rebut the submission of the learned
counsel for the appellants that appellant no. 1 is cousin sister of
Gopal and allegation of assault and abuse is general and
omnibus in nature.
6. Considering the submissions, let the appellants,
above named, in the event of their arrest or surrender within a
period of six weeks from the date of receipt of the order, be
released on anticipatory bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending in connection with the aforesaid
case, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
Patna High Court CR. APP (SJ) No.2935 of 2025(6) dt.01-04-2026
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7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
khushbu/-
U T
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