Patna High Court
GAYATRI DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the appellants were entitled to anticipatory bail as the allegations did not substantiate a case under the SC/ST Act and there was insufficient evidence of assault.
Summary
The informant alleged that on 26 January 2021 she was molested, verbally abused and assaulted by appellant Munib Chauhan, who also threatened to kill her, and that the informant’s father was assaulted with various weapons. The case was registered under IPC sections 341, 323, 352, 506 read with 34 and under Section 3(i)(r) of the SC/ST (Prevention of Atrocities) Act, and the appellants’ prayer for anticipatory bail was rejected by the Special Judge. The appellants contended that the allegations were false, arising from a petty village dispute, that there was no injury report, and that no caste‑based abuse was alleged, rendering the SC/ST Act charge untenable. The High Court examined the lack of concrete evidence, the general nature of the allegations, and the clean antecedent of the appellants. Concluding that the prosecution had not established a prima facie case, the Court set aside the order rejecting bail and allowed the appeal, directing that the appellants be released on bail upon furnishing the prescribed bond and sureties.
Issues considered
- Whether the allegations made by the informant constitute a cognizable offence under the IPC and the SC/ST (Prevention of Atrocities) Act.
- Whether the appellants are entitled to anticipatory bail in view of the evidentiary material before the Special Judge.
Legislation cited
- Indian Penal Code — s. 323, 341, 352, 506 r/w 34
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 3(i)(r)
Subjects
- anticipatory bail
- SC/ST Act
- false complaint
- assault
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3945 of 2021
Arising Out of PS. Case No.-19 Year-2021 Thana- VIJAYEPUR District- Gopalganj
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1. GAYATRI DEVI Wife of Sita Ram Chauhan Resident of Village - Khiridih,
Vijaipur, Post - Bharpurwa, Khiridih, Gopalganj, Bihar
2. Sita Ram Chauhan @ Seetaram Son of Ram Jatan Chauhan Resident of
Village - Khiridih, Vijaipur, Post - Bharpurwa, Khiridih, Gopalganj, Bihar
3. Munna Chauhan Son of Sita Ram Chauhan Resident of Village - Khiridih,
Vijaipur, Post - Bharpurwa, Khiridih, Gopalganj, Bihar
4. Munib Chauhan Son of Sita Ram Chauhan Resident of Village - Khiridih,
Vijaipur, Post - Bharpurwa, Khiridih, Gopalganj, Bihar
5. Anshu Devi @ Anshu Chauhan Wife of Lal Badur Chauhan Resident of
Village - Puradakhila, Pura Dakhila, Deoria, Lar Road, Uttar Pradesh
... ... Appellant/s
Versus
1. The State of Bihar
2. Nisha Sharma Daughter of Santosh Sharma Resident of village- Khirdih,
P.S.-Vijaypur, District- Gopalganj
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ashhar Mustafa, Adv. & Ms. Anita Kumari
For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P
Mr. Dharam Veer, Adv.for Respondent no. 2
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 15-01-2026 Heard learned counsel for the appellants, learned
Special P.P. for of the State and learned counsel appearing on
behalf of respondent no. 2.
2. This appeal has been filed against the order dated
27.07.2021 passed by learned ADJ 1-cum-Special Judge,
SC/ST Act, Gopalganj in a case registered under Sections 341,
323, 352, 506 r/w 34 of the Indian Penal Code and Section 3(i)
(r)(w) of the SC/ST Act, whereby the prayer for anticipatory bail
Patna High Court CR. APP (SJ) No.3945 of 2021(5) dt.15-01-2026
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of appellants has been rejected.
3. Informant alleges that on 26.01.2021, she was
molested, verbally abused and assaulted by appellant no. 4 and
he (appellant no. 4) also threatened her to kill if she complains
about the incident. Informant further alleges that accused-
appellants assaulted informant’s father with lathi, danda, farsa,
spade and iron rod and also verbally abused him.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in this case. Both parties
are co-villagers and due to petty dispute, this false case has been
lodged. There is no injury report on record to substantiate the
allegation of assault. Allegation is general and omnibus. There is
no allegation that these appellants abused informant or her
father with caste name and as such, no case under the SC/ST Act
is made out. Appellant claims clean antecedent.
5. Learned Spl. Public Prosecutor for the State and
learned counsel for respondent no. 2 opposed the appeal.
6. However, considering the aforesaid facts and
circumstances, the impugned order dated 27.07.2021 is, hereby,
set aside and this criminal appeal is allowed.
7. Let the appellants, as named above, in the event of
arrest or surrender within a period of eight weeks from today, be
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released on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of ADJ 1-cum-Special Judge, SC/ST Act, Gopalganj
in connection with Vijaipur P.S. Case No. 19 of 2021.
(Prabhat Kumar Singh, J)
anay
U T
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