Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appellate court set aside the lower court’s refusal of bail and granted bail to the appellant.
Summary
The appeal was filed by Kiran Devi under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of bail by the Exclusive Special Judge in a case arising from the death of the complainant’s husband in a vehicular accident. The prosecution alleged that the husband was struck by a white vehicle and that the appellant, through a confessional statement, admitted to helping conceal the dead body, while the vehicle was driven by a person named Chandan. The appellant contended that her name did not appear in the FIR, that the only incriminating material was her own confessional statement, and that she had no prior criminal record. The learned counsel for the complainant opposed bail, arguing that the appellant had knowledge of the accident and participated in disposing of the body. The High Court held that the lower court’s order refusing bail was untenable, set it aside, and granted bail on the condition of a Rs 10,000 bond with two sureties, thereby allowing the appeal.
Issues considered
- Whether bail can be granted to an accused under the SC/ST Act and Bharatiya Nyaya Sanhita when the only evidence is a confessional statement regarding disposal of a dead body.
- Whether the refusal of bail by the Special Judge was justified in view of the appellant’s lack of prior criminal antecedents and the nature of the alleged participation.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 140(1), 3(5)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va)
Subjects
- bail
- Scheduled Castes and Scheduled Tribes Act
- confessional statement
- body disposal
- criminal procedure
- scheduled caste offence
- Bharatiya Nyaya Sanhita
- accident homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3680 of 2025
Arising Out of PS. Case No.-203 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
Kiran Devi W/o Dayanand Singh R/o Village- Raghopur (Pashchmi), Ward
No. 3, P.S.- Jurawanpur, District- Vaishali
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Kalwa Devi W/o Late Lal Bahadur Das R/o Village- Rampur Shopan Chand,
Ward No. 13, P.S.- Raghopur, District- Vaishali
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Alok Kumar Alok, Advocate
For the Complainant : Ms. Shalini, Advocate
Md. Khalid Quraishi, Advocate
Mr. Santosh Kumar, Advocate
Mr. Shubhendu Shekhar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, learned
counsel for the complainant and learned Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal
of prayer for bail vide order dated 13.08.2025 passed by the
learned Exclusive Special Judge, S.C./S.T. (POA) Act, Vaishali
at Hajipur in connection with Raghopur P.S. Case No. 203 of
2025 registered for the offences punishable under Sections
140(1) & 3(5) of the Bharatiya Nyaya Sanhita and under Section
3(2)(va) of the SC/ST Act.
Patna High Court CR. APP (SJ) No.3680 of 2025(3) dt.22-01-2026
2/4
3. The case of the prosecution, in short, is that the
husband of the complainant has gone to Block office, Fatehpur,
Raghopur for old age pension. As he was not feeling well, he
started resting below a tree. Meanwhile a white colour vehicle
dashed him while it was being parked from back side.
4. Learned counsel for the appellant submits that the
name of the appellant is not there in the FIR. Her name ha
surfaced during investigation in Paragraph ‘32’ of the case diary
where she has given her confessional statement. In her statement
she has stated that the vehicle belong to Chandan and he was
driving the vehicle. The accident took place while Chandan was
reversing the vehicle. This appellant has further stated in her
confessional statement that they have boarded the dead body in
the vehicle and have disposed it of somewhere. Learned counsel
for the appellant has further submitted that it is clear that the
white colour vehicle belong to Chandan who himself was
driving the vehicle and only role which has come during
investigation of this appellant is that she was involved in
disposing/concealing the dead body. Learned counsel for the
appellant has further submitted that similarly situated co-
accused has been granted privilege of bail by the learned Co-
ordinate Bench vide Cr. Appeal (SJ) No. 3540 of 2025 and the
Patna High Court CR. APP (SJ) No.3680 of 2025(3) dt.22-01-2026
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case of this petitioner stands on similar footing.
5. Ms. Shalini, learned counsel for the complainant is
present and she has vehemently opposed the bail to the appellant
and has submitted that the appellant was having knowledge
regarding accident and that she has disposed /concealed the
dead body as the dead body was not recovered during
investigation.
6. It is clear from above discussions that the only role
which has come during investigation that too through
confessional statement of this appellant is that she was involved
in concealing/disposing of the body of the complainant’s
husband.
7. Learned counsel for the appellant has submitted
that save and except the confessional statement, there is nothing
against the appellant. Learned counsel for the appellant has
lastly submitted that the appellant is a lady having no criminal
antecedent and is in judicial custody since 27.07.2025.
8. In view of the submissions made by the learned
counsel for the appellant, the order dated 13.08.2025 passed by
the learned Exclusive Special Judge, S.C./S.T. (POA) Act,
Vaishali at Hajipur in connection with Raghopur P.S. Case No.
203 of 2025 is hereby set aside and the appellant above-named,
Patna High Court CR. APP (SJ) No.3680 of 2025(3) dt.22-01-2026
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be released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned court of Exclusive Special
Judge, S.C./S.T. (POA) Act, Vaishali at Hajipur in connection
with Raghopur P.S. Case No. 203 of 2025.
9. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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