Patna High Court
Mamta DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and the order denying bail is set aside, granting bail to the appellant.
Summary
Mamta Devi appealed against the denial of bail in a case where she was accused of assaulting the niece of an informant and using caste‑based slurs, offences alleged under Sections 126(2), 115(2), 74, 303(2), 3(5) of the Bihar Nat. Security Act, 2023 and Sections 3(i), (r), (s), 2(Va) of the SC/ST (Prevention of Atrocities) Act. The prosecution claimed she, armed with a lathi‑danda, abused the informant with a caste name and physically assaulted the niece. The defence contended that the caste‑abuse allegation was vague, that she was falsely implicated, and emphasized her clean criminal record and the length of her pre‑trial detention since 18‑07‑2025. After hearing both sides, the Patna High Court held that the allegations did not warrant continued custody and that bail was appropriate. Consequently, the court set aside the Sessions Judge’s order and directed that she be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the appellant pending trial under the B.N.S., 2023 and SC/ST (POA) Act provisions.
- Whether the alleged caste‑based abuse and assault constitute offences that justify denial of bail.
- Whether the appellant’s lack of prior criminal record and the duration of pre‑trial detention warrant the grant of bail.
Legislation cited
- SC/ST (Prevention of Atrocities) Act — s. 2(Va), 3(i), 3(r), 3(s)
Subjects
- bail
- SC/ST Act
- caste based violence
- pre‑trial detention
- criminal procedure
- assault
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3324 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- Bhararhi District- Madhepura
======================================================
Mamta Devi Wife of Pradip Sah Resident Of Village-Maheshua Ward No 11 P
S- Bharrahi District- Madhepura
... ... Appellant/s
Versus
1. The State of Bihar
2. Sadanand Rishidev son of Methilal Rishidev Resident Of Village-Maheshua
Ward No 11 P S- Bharrahi District- Madhepura
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Amarnath Jha
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 22-01-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 25.07.2025 passed by learned District &
additional Sessions Judge 1st cum-Special Judge, SC/ST Act,
Madhepura whereby the prayer for bail of the appellant in
connection with Bharrahi P.S. Case No. 60 of 2025 under
Sections 126(2), 115(2), 74, 303(2), 3(5) of the B.N.S., 2023
and Sections 3(i) (r) (s), 2(Va) of SC/ST (POA) Act was
rejected.
3. The case of the prosecution in short is that the
appellant, along with others being armed with lathi-danda,
Patna High Court CR. APP (SJ) No.3324 of 2025(4) dt.22-01-2026
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arrived and started abusing the informant with a caste name. As
they have informed police on a previous occasion, it is
specifically alleged against this appellant that when the niece of
the informant came to rescue her, this appellant assaulted her
with slaps and fists.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. Learned
counsel for the appellant submits that the only specific
allegation is that she assaulted the respondent by slaps and fists.
As far as allegation of abusing the respondent with caste name
is concerned, it is submitted that the same is general and
omnibus in nature. He further submits that there is also a
counter-versions of this case and there is also a land dispute
between the parties. He further submits that a statement has
been made in para-3 of the petition that the petitioner has no
criminal antecedent and she is languishing in judicial custody
since 18.07.2025.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the facts and circumstances of the
case, the Court is inclined to allow this appeal. Accordingly, the
Patna High Court CR. APP (SJ) No.3324 of 2025(4) dt.22-01-2026
3/3
appeal is allowed and the impugned order dated 25.07.2025 is
hereby set aside.
7. The appellant is directed to be enlarged on bail in
connection with Barrahi P.S. Case No. 60 of 2025 on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
sureties of the like amount each to the satisfaction of the learned
District & Additional Sessions Judge 1st-cum-Special Judge,
SC/ST Act, Madhepura.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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