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Patna High Court

Meena DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and bail is granted to the appellant.

Summary

Meena Devi appealed against the order of the Exclusive Special Judge, SC/ST, Chapra, which had denied her anticipatory bail in a case involving offences under the B.N.S. and the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. She contended that she has a clean antecedent, is a woman, and was falsely implicated by the informant, alleging that the alleged assaults occurred in private and were not specific. The prosecution opposed the bail, maintaining the seriousness of the alleged offences. The High Court, considering her clean record and gender, directed that she be released on bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S. The appeal was allowed, granting her bail.

Issues considered

  • Whether anticipatory bail should be granted to the appellant under Section 482(2) of the B.N.S. in view of the allegations under the SC/ST Act.
  • Whether the allegations in the FIR are sufficient and specific enough to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • bail under Section 482
  • false implication
  • women
  • clean antecedent
  • private house assault

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3766 of 2025
                       Arising Out of PS. Case No.-44 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Meena Devi W/o Sunil Raut R/o Village- Chandpur, P.S.- Baniyapur, District-
                 Saran

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Manju Kumari Daughter of Chandrama Ram R/o Village- Chandpur, P.S.-
                 Baniyapur, District- Saran

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Alka Panday
                 For the Respondent/s    :        Ms.Usha Kumari 1
                                                  Mr.Hira Sharma
                                                  Mr.Mrityunjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   06-07-2026                 1. Heard learned counsel for the appellant, the learned

                   counsel appearing on behalf of the informant and the learned

                   Special Public Prosecutor for the State.

                               2. The        appellant has challenged the order dated

                   16.05.2025 passed by the learned Exclusive Special Judge,

                   SC/ST, Chapra, Saran in connection with Baniyapur P. S. Case

                   No. 44 of 2025, instituted for the offences under Sections

                   127(1), 115(2), 118(1), 109, 351(2), 352, 3(5) of the B.N.S. and

                   Section 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes &

                   Scheduled Tribes (Prevention of Atrocities) Act, whereby her

                   prayer for grant of anticipatory bail has been rejected.

                               3. The learned counsel appearing on behalf of the
Patna High Court CR. APP (SJ) No.3766 of 2025(4) dt.06-07-2026
                                             2/3




          appellant submits that appellant is a person with clean

          antecedent and is a woman and the informant alleges that on

          29.01.2025 at 8.00 P.M., she had gone to attend nature’s call,

          when Sunil, Meena and Sulekha started abusing, on objection

          Sunil slapped her and abused her by taking caste name. Again at

          3.00 P.M., accused persons came in a drunken condition and the

          appellant was also carrying a lathi. Further, accused assaulted

          her mother causing injury on head and also assaulted her brother

          Ranjay causing injury on head.

                       4. The learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          allegations are in two parts. It is next submitted that in the first

          part, it is alleged that when informant had gone to attend

          nature’s call, the accused persons intercepted her and Sunil

          slapped her and abused her by taking caste name, but then no

          FIR came to be instituted thereafter in the second part, it is

          alleged that at 3.00 P.M. accused persons came to her house and

          committed the occurrence as recorded herein above. It is thus

          submitted that entire occurrence took place at the house of the

          informant and thus was not in public view. It is also submitted
               Patna High Court CR. APP (SJ) No.3766 of 2025(4) dt.06-07-2026
                                                            3/3




                         that though it is alleged that appellant also present at the place

                         of occurrence with lathi, but then from perusal of the allegations

                         as alleged in the FIR, it would manifest that allegation of assault

                         is not specific.

                                      5. The learned Special P. P. as well as the learned

                         counsel appearing on behalf of the informant opposes the

                         appeal.

                                      6. Considering the submissions and taking into

                         consideration the fact that appellant is a person with clean

                         antecedent and is a woman, the appellant, above-named, in the

                         event of her arrest or surrender before the learned Court below

                         within a period of six weeks, is directed to be released on bail

                         on her furnishing bail-bonds in the sum of Rs.5,000/- (Rupees

                         Five Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Exclusive Special Judge, SC/ST, Chapra,

                         Saran in connection with Baniyapur P. S. Case No. 44 of 2025,

                         subject to the conditions laid down under Section 482(2) of the

                         BNSS.

                                      7. The appeal stands allowed.


                                                    (Satyavrat Verma, J)
vikash/-

U          T


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