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Patna High Court

URMILA DEVIversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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