Patna High Court
SEEMA KUMARI @ SEEMAversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court set aside the order rejecting anticipatory bail and granted bail to the appellant subject to surrender within eight weeks and a bail bond of Rs.10,000 with two sureties.
Summary
The appellant, Seema Kumari, was charged under IPC sections 504, 506/34 and the SC/ST Act for allegedly abusing an informant with caste-based slurs. The Special Judge had rejected her anticipatory bail application. On appeal, counsel argued that no assault occurred, the incident was not in public view, and therefore the SC/ST provisions were inapplicable, emphasizing the appellant's clean antecedents. The State opposed bail. The Patna High Court held that the appellant could be released on bail if she surrendered within eight weeks, provided she furnished a bail bond of Rs.10,000 with two sureties of the same amount. Consequently, the order rejecting anticipatory bail was set aside for the appellant alone.
Issues considered
- Whether the appellant is entitled to anticipatory bail under IPC sections 504, 506/34 and SC/ST Act section 3(1)(r)(s).
- Whether the alleged conduct falls within the ambit of the SC/ST (Prevention of Atrocities) Act given the lack of public view.
- Whether the conditions imposed for bail are appropriate and lawful.
Legislation cited
- Indian Penal Code — s. 504, 506/34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- IPC
- caste harassment
- bail conditions
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3844 of 2023
Arising Out of PS. Case No.-814 Year-2020 Thana- AGAMKUAN District- Patna
======================================================
Seema Kumari @ Seema Daughter of Ram Sudhi Sharma @ Ramsudhi
Resident of Village-Sarainiya, P.S.-Chauri Khurd Rayath, Siddharth Nagar,
Banshi, District-Uttar Pradesh.
... ... Appellant/s
Versus
1. The State of Bihar
2. Parshuram Kumar Son of Om Prakash Paswan Resident of Village-
Kumharar, Mahavirsthan, Imlital, P.S.-Agamkuan, District-Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Jogendra Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 19-03-2026 None appears on behalf of the respondent no. 2.
2. Heard learned counsel for the appellant and the
State.
3. This appeal has been filed against the order dated
23.06.2023 passed by learned Special Judge, SC/ST Act, Patna
in ABP No. 3968 of 2023 arising out of Agamkuan P.S. Case
No. 814 of 2020 registered under Sections 504, 506/34 of the
Indian Penal Code and Section 3(1)(r)(s) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, whereby
the prayer for anticipatory bail of appellant has been rejected.
4. As per F.I.R., this appellant along with other
accused persons abused informant by caste name.
5. Learned counsel for the appellant submits that there
Patna High Court CR. APP (SJ) No.3844 of 2023(4) dt.19-03-2026
2/2
is no allegation of assault against the appellant and present case
has been lodged as counter blast of Agamkuan P. S. Case No.
813 of 2022 lodged by the appellant against the informant. It is
not the case of informant that alleged incident occurred within
public view and as such, no case under SC/ST Act is made out
against the informant. Appellant is lady and claims clean
antecedent.
6. Learned Spl. Public Prosecutor for the State
vehemently opposed the bail application.
7. Considering the aforesaid facts, let the appellant, as
named above, in the event of her arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, SC/ST Act, Patna in ABP No. 3968 of 2023
arising out of Agamkuan P.S. Case No. 814 of 2020.
8. Accordingly, this criminal appeal is allowed and
impugned order dated 23.06.2023 is set aside with respect to
this appellant only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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