Patna High Court
URMILA DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the appellants are entitled to anticipatory bail upon surrender within eight weeks, subject to a bond of Rs.10,000 and two sureties.
Summary
The appellants appealed against the Special Judge’s order rejecting their anticipatory bail in a case involving alleged assault, caste‑based abuse, and theft under several IPC sections and the SC/ST (Prevention of Atrocities) Act. The FIR alleged that the accused pressed the informant’s neck, assaulted his aunt, used caste slurs, damaged property and stole Rs.9,000. The appellants contended they were innocent, there was no injury report, and the alleged acts did not attract the SC/ST Act. The State opposed bail. Considering the nature of the accusation and the appellants’ clean antecedent, the High Court ordered that bail be granted upon surrender within eight weeks, with a bond of Rs.10,000 and two sureties. Consequently, the appeal was allowed and the earlier order denying anticipatory bail was set aside for the appellants.
Issues considered
- Whether the appellants are entitled to anticipatory bail under the IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the alleged conduct constitutes an offence punishable under Section 3(1)(r)(s) of the SC/ST Act.
- Whether the clean antecedent of the appellants justifies the grant of bail despite the seriousness of the allegations.
Legislation cited
- Indian Penal Code — s. 308, 323, 324, 447, 504/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- Indian Penal Code
- SC/ST Act
- caste based violence
- bail
- criminal procedure
- scheduled castes
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3623 of 2023
Arising Out of PS. Case No.-514 Year-2022 Thana- CHAKIA District- East Champaran
======================================================
1. Urmila Devi Wife Of Beera Chaurasiya Resident Of Village- Bansghat Tola,
Konhiya, Ps- Chakia, Distt- East Champaran
2. Anita Devi Wife Of Umashankar Chaurasiya Resident Of Village- Bansghat
Tola, Konhiya, Ps- Chakia, Distt- East Champaran
3. Nagendra Chaurasiya Son Of Late Binda Bagat Resident Of Village-
Bansghat Tola, Konhiya, Ps- Chakia, Distt- East Champaran
4. Nawal Kishor Chaurasiya Son Of Late Binda Bagat Resident Of Village-
Bansghat Tola, Konhiya, Ps- Chakia, Distt- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Pankaj Kumar Son Of Late Pahlad Baitha Resident Of Village- Bansghat
Tola, Konhiya, Ps- Chakia, Distt- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhishek Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
For the R.No. 2 : Mr. Suraj Kumar Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 19-03-2026 Heard learned counsel for the appellants, respondent
no. 2 and the State.
2. This appeal has been filed against the order dated
31.05.2023 passed by learned Special Judge, SC/ST (POA) Act,
East Champaran, Motihari in ABP No. 1907 of 2023 arising out
of Chakia P.S. Case No. 514 of 2022 registered under Sections
447, 323, 324, 308, 504/34 of the Indian Penal Code and
Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, whereby the prayer for
Patna High Court CR. APP (SJ) No.3623 of 2023(4) dt.19-03-2026
2/3
anticipatory bail of appellants has been rejected.
3. As per F.I.R., on 29.11.2022 at about 3:30 PM,
when informant and his family members were in the house, all
the named accused persons, including these appellant came
there and on the order of co-accused Beera Chaurasiya,
appellant no. 3 pressed the neck of informant and when his
Mausi came to save him, co-accused Beera Chaurasiya
assaulted her by means of dab. It is further alleged that the
accused persons abused informant by caste name, damaged
household articles, tore PDS register and took Rs. 9,000/-
4. Learned counsel for the appellants submits that
appellants are innocent and have committed no offence. Though
there is allegation of assault but there is no injury report to
substantiate the allegations. He further submits that the alleged
incident took place inside the house of informant and not within
the public view as such, no case under SC/ST Act is made out
against the appellants. Rest of the allegations are ornamental
only to make the case grave. Appellants claim clean antecedent.
5. Learned Spl. Public Prosecutor for the State as well
as learned counsel for the respondent no. 2 vehemently opposed
the bail application.
6. Considering the nature of accusation and clean
Patna High Court CR. APP (SJ) No.3623 of 2023(4) dt.19-03-2026
3/3
antecedent, let the appellants, as named above, in the event of
their arrest/surrender within a period of eight weeks from today,
be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Special Judge, SC/ST (POA) Act, East
Champaran, Motihari in ABP No. 1907 of 2023 arising out of
Chakia P.S. Case No. 514 of 2022.
7. Accordingly, this criminal appeal is allowed and
impugned order dated 31.05.2023 is set aside with respect to
these appellants only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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