Patna High Court
Suchita 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 conditions.
Summary
The appellants, three women, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and several sections of the Indian Penal Code for allegedly assaulting and verbally abusing the informant at her residence on 16 March 2025. The informant claimed the accused entered her house, used caste slurs, assaulted her, and stole Rs 10,000 and a chain, while a Panchayat was convened the next day but the accused did not appear. The appellants contended they were falsely implicated, that the incident occurred inside a private dwelling and not in public view, and highlighted the eight‑day delay in filing the FIR as a material defect. The Special Judge had refused anticipatory bail, prompting the appellants to appeal under Section 14‑A(2) of the SC/ST Act. The Patna High Court, noting the appellants’ clean antecedents, their gender, and the procedural infirmities, set aside the lower court’s order and granted anticipatory bail subject to conditions under Section 482(2) of the CrPC. Consequently, the appeal was allowed.
Issues considered
- Whether the refusal of anticipatory bail under the SC/ST (Prevention of Atrocities) Act is justified in view of the alleged facts and procedural delays.
- Whether the delay in lodging the FIR and the private nature of the alleged incident warrant granting anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 115(2), 126(2), 303(2), 329(3), 329(4), 3(5), 351(2), 352, 74
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- FIR delay
- women accused
- caste based offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.335 of 2026
Arising Out of PS. Case No.-17 Year-2025 Thana- SC/ST District- Saharsa
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1. Suchita Devi W/o Kangresh Sharma R/o Village - Sirwar Punarwas
( Sirbarpurnawas), P.S - Mahishi, District - Saharsa
2. Satya Devi W/o Maheshwari Sharma R/o Village - Sirwar Punarwas
( Sirbarpurnawas), P.S - Mahishi, District - Saharsa
3. Khushbu Devi D/o Maheshwari Sharma R/o Village - Sirwar Punarwas
( Sirbarpurnawas), P.S - Mahishi, District - Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Kanchan Devi W/o Shyam Ram R/o Village - Sirwar Purnawas, P.S -
Mahishi, District - Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amarnath Jha, Advocate
For the Respondent/s : Mr. Binay Krishna, Special PP
For the Informant : Mr. Munish Kumar, Advocate
: Mr. Minakshi Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-07-2026 1. Heard learned counsel for the appellants, learned
Special P.P. for the State, Mr. Binay Krishna and the learned
counsel appearing on behalf of 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 17.12.2025 in A.B.P. No. 1138 of 2025 passed by
the learned Special Judge S.C./S.T. (POA) Act, Saharsa in
connection with Saharsa SC/ST P.S. Case No. 17 of 2025
registered for the offences punishable under Sections 329(3),
Patna High Court CR. APP (SJ) No.335 of 2026(3) dt.06-07-2026
2/3
329(4), 126(2), 115(2), 303(2), 74, 352, 351(2) and 3(5) of the
BNS as well as Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) and 3(2)(va)
of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and are women and
the informant alleges that on 16.03.2025 at 08:00 AM, the
accused persons including the appellants came to her house and
started abusing, on objection, Maheshwari Sharma gave orders
to assault, thereafter appellants abused her by caste name and
addressed her as a witch and assaulted her, thereafter, other
accused persons took away Rs. 10,000/- along with chain and
Maheshwari Sharma acted inappropriately, thereafter a
Panchayat was called on 17.03.2025, but accused persons did
not appear.
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 entire occurrence took place
at the house of the informant, thus, was not in public view. It is
further submitted that the date of occurrence is 16.03.2025 and
the FIR came to be instituted on 24.03.2025 i.e. after a delay of
more than seven days, which casts an aspersion on the case of
the prosecution. It is also submitted that even allegation of
Patna High Court CR. APP (SJ) No.335 of 2026(3) dt.06-07-2026
3/3
abuse and assault is general and omnibus in nature.
5. Learned Special P.P. for the State as well as the
learned counsel appearing on behalf of the informant opposes
the appeal.
6. Considering the submissions made by the
learned counsel for the appellants and taking into consideration
the fact that appellants are women, the order dated 17.12.2025
in A.B.P. No. 1138 of 2025 passed by the learned Special Judge
S.C./S.T. (POA) Act, Saharsa is hereby set aside and the
appellants above-named, in the event of their arrest or surrender
within a period of six weeks from today, 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/successor court in connection with Saharsa SC/ST P.S.
Case No. 17 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
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