Patna High Court
Meena DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 109, 115(2), 118(1), 127(1), 3(5), 351(2), 352, 482(2)
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(va)
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/-
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