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Patna High Court

Kalawati Devi @ Kalawati DanthversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to conditions.

Summary

The appellants, a group of twelve persons from Hardaspur village, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly abusing and assaulting children playing music on a government platform, using caste slurs, and threatening the family. The Special Judge had rejected their application for anticipatory bail. The appellants contended that they have clean antecedents, that the FIR contains only vague, omnibus allegations, that no injury report substantiates the specific charges, and that the alleged incident occurred in a public place without any public present, rendering the SC/ST provisions inapplicable. The State opposed bail, asserting the appellants' active involvement. The Patna High Court, noting the lack of material evidence, the clean antecedent of the accused, and the absence of representation by the complainant, granted anticipatory bail subject to conditions under Sections 438(2) and 482(2) of the Cr.P.C. Consequently, the appeal was allowed and the order rejecting bail was set aside.

Issues considered

  • Whether the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act justify denial of anticipatory bail.
  • Whether the absence of injury reports and the clean antecedent of the accused warrant the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • IPC offences
  • clean antecedent
  • bail jurisdiction
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3779 of 2024
                     Arising Out of PS. Case No.-35 Year-2023 Thana- TANDWA District- Aurangabad
                 ======================================================
           1.     Kalawati Devi @ Kalawati Danth Wife of Manoj Yadav Resident of Village
                  - Hardaspur, P.S. - Tandwa, District - Aurangabad
           2.    Sarita Devi Wife of Krishna Yadav Resident of Village - Hardaspur, P.S. -
                 Tandwa, District - Aurangabad
           3.    Sunita Devi Wife of Gopal Yadav Resident of Village - Hardaspur, P.S. -
                 Tandwa, District - Aurangabad
           4.    Prashant Yadav @ Prashant Kumar Son of Udeshwar Yadav Resident of
                 Village - Hardaspur, P.S. - Tandwa, District - Aurangabad
           5.    Arun Yadav Son of Late Sileshwar Yadav @ Tileshwar Yadav Resident of
                 Village - Hardaspur, P.S. - Tandwa, District - Aurangabad
           6.    Shobha Devi @ Sobha Devi Wife of Anuj Yadav Resident of Village -
                 Hardaspur, P.S. - Tandwa, District - Aurangabad
           7.    Bholu Kumar Yadav @ Tusar Kumar @ Tusar Yadav Son of Krishna Yadav
                 Resident of Village - Hardaspur, P.S. - Tandwa, District - Aurangabad
           8.    Anish Kumar Yadav Son of Gopal Yadav Resident of Village - Hardaspur,
                 P.S. - Tandwa, District - Aurangabad
           9.    Gopal Yadav @ Gopal Kumar Yadav Son of Late Ram Chandra Yadav
                 Resident of Village - Hardaspur, P.S. - Tandwa, District - Aurangabad
           10. Miltan Yadav @ Miton Yadav @ Pintu Yadav Son of Lakeshwar Yadav
               Resident of Village - Hardaspur, P.S. - Tandwa, District - Aurangabad
           11. Krishna Yadav @ Krishna Kumar Son of Ram Chandra Yadav Resident of
               Village - Hardaspur, P.S. - Tandwa, District - Aurangabad
           12. Priyanshu Kumar Son of Arun Yadav Resident of Village - Hardaspur, P.S. -
               Tandwa, District - Aurangabad

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Urmila Devi Mahendra Paswan R/V- Haridaspur, P.S. Tandwa, District-
                 Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Binod Kumar Pandey, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   04-02-2026                    Heard learned counsel for the appellants and
Patna High Court CR. APP (SJ) No.3779 of 2024(4) dt.04-02-2026
                                             2/4




          learned Special Public Prosecutor appearing for the State.

          Although the notice has been validly served upon respondent

          No.2, there is no representation on hes behalf.

                          2. This appeal under Section 14A(2) of the

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, 1989 has been directed against the order dated

          22.06.2024 passed by learned Special Judge (SC/ST)-cum-

          A.D.J.-1st, Aurangabad, in connection with Tandawa P.S. Case

          No. 35 of 2023 registered under Sections 341, 147, 323, 325 and

          504 of the Indian Penal Code read with Section 3(1)(r)(s) of

          Scheduled Castes and Scheduled Tribes (Prevention of

          Atrocities) Act, 1989, whereby the prayer for grant of

          anticipatory bail of the appellants has been rejected.

                          3. As per the prosecution case, the informant

          alleged that on a government platform in the village, the

          children of the family of the informant were going to play

          music. In the meantime, the appellants came there, started

          abusing by taking caste name and forbade them to play music

          and also assaulted them. It is further alleged that when the

          accused persons were asked why they are assaulting the

          children, the accused persons entered into the house of the

          informant and started beating her grandfather-in-law by lathi.
Patna High Court CR. APP (SJ) No.3779 of 2024(4) dt.04-02-2026
                                             3/4




          On hearing the commotion, the grandson of the informant, aged

          about 12 years tried to save his great grandfather, then he was

          thrashed on the ground by Kalawati Devi and Sarita Devi,

          resulting into fracture of his right hand and injuries in his eye.

          The accused persons also threatened that the whole family will

          be killed. Accordingly, the present FIR was lodged.

                          4. Learned counsel for the appellants submits that

          the appellants, who are of clean antecedent, are innocent and

          have not committed any offence. He further submits that it

          appears from the F.I.R. itself that there is general and omnibus

          allegation against all the appellants. Although there is specific

          allegation of assault in the F.I.R. against the appellants No.1 and

          2, but no injury report is available on record to substantiate the

          allegation as alleged. As regards allegation of abuse with the

          caste name attracting the rigours of SC & ST Act is concerned,

          it is further submitted that the place of occurrence is alleged to

          be a public place, but it is not alleged that any public was

          present so as to attract the provisions of SC/ST Act. Hence, the

          impugned order may be set aside and the appellants may be

          granted the privilege of anticipatory bail.

                          5. Learned Special Public Prosecutor for the State

          has vehemently opposed the prayer for grant of anticipatory bail
           Patna High Court CR. APP (SJ) No.3779 of 2024(4) dt.04-02-2026
                                                        4/4




                     to the appellants and submitted that the appellants are actively

                     involved in the present occurrence.

                                     6. Considering the entire facts and circumstances of

                     the case and also the fact that the appellants bear clean

                     antecedent coupled with the fact that despite valid service of

                     notice, there is no representation on behalf of the informant and

                     no material is there on the record to substantiate the allegations

                     levelled in the FIR, let the above named appellants, in the event

                     of their arrest/surrender within a period of six weeks, be

                     released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Special Judge (SC/ST)-cum-A.D.J.-1st,

                     Aurangabad, in connection with Tandawa P.S. Case No. 35 of

                     2023 subject to the conditions laid down under Section 482(2)

                     of the B.N.S.S/Section 438(2) of the Cr.P.C..

                                  7. Accordingly, this appeal is allowed and the

                     impugned order dated 22.06.2024 rejecting the prayer for grant

                     of anticipatory bail to the appellants is set aside.



                                                (Praveen Kumar, J)
shivam/-

U      T


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