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Patna High Court

Madan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the allegations do not fall within the purview of the SC/ST Act and therefore anticipatory bail may be granted.

Summary

Madan Rai and Indu Devi were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant’s minor son, abusing her with caste slurs, and stealing jewellery. They applied for anticipatory bail, which was rejected by the Special Judge. On appeal under Section 14A(2) of the SC/ST Act, the High Court examined the clean antecedent of the appellants, the twelve‑day delay in filing the FIR, the absence of an injury report, and the fact that the alleged caste abuse did not occur in a public place nor involve any witnesses, concluding that the allegations did not fall within the ambit of the SC/ST Act. Consequently, the court granted anticipatory bail subject to standard conditions and set aside the lower court’s order. The appeal was therefore allowed.

Issues considered

  • Whether anticipatory bail can be granted in cases filed under the SC/ST (Prevention of Atrocities) Act.
  • Whether Section 18 of the SC/ST Act bars the grant of anticipatory bail.
  • Whether the delay in lodging the FIR and lack of injury report justify bail.
  • Whether the alleged caste‑based abuse constitutes an offence punishable under the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • delay in FIR
  • clean antecedent
  • bail conditions
  • IPC offences

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4013 of 2024
                     Arising Out of PS. Case No.-46 Year-2024 Thana- SC/ST District- East Champaran
                 ======================================================
           1.     Madan Rai Son of Basdev Rai Village- Tikuliya, P.S- Muffasil Motihari,
                  District- East Champaran, Bihar
           2.    Indu Devi Wife of Madan Rai Village- Tikuliya, P.S- Muffasil Motihari,
                 District- East Champaran, Bihar

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Nirmala Devi Wife of Late Deenanath Ram Village- Tikuliya, P.S- Muffasil
                 Motihari, District- East Champaran, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Pramod Kumar Prasad, 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, learned

                   Special Public Prosecutor appearing for the State and learned

                   counsel for the respondent No2.

                                   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

                   23.07.2024 passed by learned Special Judge, SC/ST Act, East

                   Champaran, Motihari, in A.B.P. No. 3166 of 2024 in connection

                   with Motihari SC/ST P.S. Case No. 46 of 2024 registered under

                   Sections 341, 323, 354, 379, 504, 506 and 34 of the Indian

                   Penal Code read with Section 3(1)(r)(s), 3(2)(va) of Scheduled
Patna High Court CR. APP (SJ) No.4013 of 2024(4) dt.04-02-2026
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          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,

          namely, Nirmala Devi, alleged that on 14.06.2024 at 03:00 P.M.,

          the appellants along with two other named accused persons

          assaulted the minor son of the informant with fists and leg,

          when the informant opposed, they also assaulted and thrashed

          her on the ground and abused her by taking caste name and

          disrobed her too. It is further alleged that since the informant

          belongs to the category of untouchable, her free movement to

          public places causes inconvenience to the accused persons. It is

          also alleged in the FIR that the appellants along with their

          daughters named in the FIR also snatched gold chain worth Rs.

          Two lakhs. It is stated in the FIR that as the issue was being

          deliberated in Panchayati, there was delay in lodging the same.

                          4. Learned counsel appearing 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 the accused persons including

          these appellants. Although there is allegation of assault in the
Patna High Court CR. APP (SJ) No.4013 of 2024(4) dt.04-02-2026
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          F.I.R. against the appellants, but no injury report is available on

          record to substantiate the allegation as alleged in the F.I.R.

          Learned counsel for the appellants submits that there is a delay

          of twelve days in lodging the FIR, moreover due to dispute over

          the drainage to flow of dirty water in a drain, the pity dispute

          has been given the colour of a serious dispute resulting into

          false allegation by the prosecution side. As regards allegation of

          abuse with the caste name attracting the rigours of SC & ST Act

          is concerned, it is not committed in a public place nor any

          person has been named to be present at the place of occurrence

          when the alleged offence of abuse was being committed. He

          further submits that no case, as alleged in the F.I.R, attracting

          rigours of SC & ST Act is made out against the appellants.

          Hence, the impugned order may be set aside and the appellants

          may be granted the privilege of anticipatory bail.

                          5. Learned Special Public Prosecutor as well as

          learned counsel for the respondent No.2 have vehemently

          opposed the prayer for grant of anticipatory bail to the

          appellants and submit that there is a complete embargo under

          Section 18 of SC/ST Act, so as to not to entertain the

          anticipatory bail application. The appellants are musclemen and

          they create disturbance in the society.
           Patna High Court CR. APP (SJ) No.4013 of 2024(4) dt.04-02-2026
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                                     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 there is delay in lodging

                     the FIR and the allegation does not come under the purview of

                     SC/ST Act, 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

                     the learned Special Judge, SC/ST Act, East Champaran,

                     Motihari, in connection with Motihari SC/ST P.S. Case No. 46

                     of 2024 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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