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Patna High Court

Suchita DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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/-

U      T


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