Patna High Court
Sudha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the allegations were not specific against the appellants and, being of clean antecedent, they are entitled to bail; the order refusing bail is set aside.
Summary
The appellants, four women from Nagra Basantpur, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and several IPC provisions for allegedly assaulting an informant in a land‑dispute‑related incident. They filed an appeal under Section 14A(2) of the SC/ST Act against the Exclusive Special Judge’s order refusing bail. The High Court held that the allegations of physical assault and caste‑based abuse were not specifically directed at the appellants, who have clean antecedents, and that the appeal was filed within the limitation period. Consequently, the Court directed that the appellants be released on bail with a bond of Rs. 10,000 and two sureties, subject to Section 438(2) of the Cr.P.C. The impugned order was set aside and the appeal was allowed.
Issues considered
- Whether the allegations of assault and caste‑based abuse are sufficiently specific to deny bail to the appellants under the SC/ST (Prevention of Atrocities) Act.
- Whether the appeal filed under Section 14A(2) of the SC/ST Act is within the limitation prescribed by Section 14A(3).
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 115(2), 118(1), 126(2), 303(2), 351(2), 351(3)(5), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3)
Subjects
- SC/ST Act
- bail
- caste atrocity
- assault
- land dispute
- criminal appeal
- scheduled caste
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3797 of 2025
Arising Out of PS. Case No.-259 Year-2025 Thana- EKMA District- Saran
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1. Sudha Devi W/o Vijay Yadav R/o vill - Nagra Basantpur, P.S.- Ekma, Distt.-
Saran, Bihar
2. Usha Devi W/o Sanjay Yadav R/o vill - Nagra Basantpur, P.S.- Ekma, Distt.-
Saran, Bihar
3. Durgawati Devi W/o Achchelal Yadav R/o vill - Nagra Basantpur, P.S.-
Ekma, Distt.- Saran, Bihar
4. Deepmala Devi W/o Manjay Yadav R/o vill - Nagra Basantpur, P.S.- Ekma,
Distt.- Saran, Bihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Chinta Devi W/o Kamlesh Sah R/o vill - Nagra Basantpur, P.S.- Ekma,
Distt.- Saran, Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Anuj Kumar
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 23-02-2026 Heard the parties.
2. The appellant has preferred the present appeal under
Section 14A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act (for short ‘the Act’) against the order
dated 20.08.2025 passed by the learned Exclusive Special Judge,
SC/ST Act, Saran, in A.B.P. No. 2834/2025 in connection with
Ekma P.S. Case No. 259/2025 registered under Sections 126(2),
115(2), 118(1), 303(2), 352 and 351(2)/3(5) of the BNS and
Sections 3(i)(r)(s)(w)/3(2)(va) of the SC/ST (POA) Act.
3. Present appeal is well within limitation as prescribed
under Section 14A(3) of the Act.
4. Allegation against the appellants and other co-accused
persons is to assault informant and others by using lathi, country-
Patna High Court CR. APP (SJ) No.3797 of 2025(2) dt.23-02-2026
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made pistol etc., where occurrence alleged to be arising out of land
dispute and previous enmities. Informant claimed herself to be a
member of Schedule Caste community.
5. Learned counsel appearing for the appellants
submitted that present case was lodged in furtherance of Ekma
P.S. Case No. 182 of 2021, which was primarily lodged in the
background of land dispute. It is submitted that occurrence is free
fight in nature, where both parties received injury and for the same
set of occurrence appellant’s side also lodged a case which has
been registered as Ekma P.S. Case No. 187 of 2021 before
learned CJM, Chapra at Saran. It is submitted that appellants are
ladies of clean antecedent and allegation qua physical assault is
appearing very general and omnibus against them. They appears
implicated only being female family members of the co-accused
against whom specific allegation qua causing physical assault is
available. It is also submitted that allegation qua abusing in caste
name in public view not appears available. In support of his
submission learned counsel relied upon the legal report of Hon’ble
Supreme Court as available through Hitesh Verma v. State of
Uttarakhand, [(2020) 10 SCC 710].
6. Learned Special P.P. duly assisted by learned counsel
appearing on behalf of informant, while opposing the prayer of bail
Patna High Court CR. APP (SJ) No.3797 of 2025(2) dt.23-02-2026
3/3
submitted that appellants being family members alleged to be
actively involved during the occurrence.
7. In view of the aforesaid facts and circumstances, as
mentioned above and by taking note of fact as allegation qua
physical assault and of abuse in caste name not appears specific
against these appellants, who are ladies of clean antecedent,
accordingly, all above-named four appellants in the event of their
arrest or surrender before the learned trial Court, within a period
of four weeks of the order, are directed to be released on bail
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge, SC/ST Act, Saran/concerned
Court, where the case is pending in connection with A.B.P. No.
2834/2025 in connection with Ekma P.S. Case No. 259/2025,
subject to the conditions as laid down under Section 438(2) of the
Cr.P.C.
8. Accordingly, impugned order dated 20.08.2025 is
hereby set aside/quashed.
9. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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