Patna High Court
Rina DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that anticipatory bail is maintainable as the FIR does not establish an offence under the SC/ST Act, and set aside the order rejecting bail.
Summary
Rina Devi appealed against the order of the Additional Sessions Judge that rejected her anticipatory bail application in a case registered under Sections 115(2), 126(2), 103, 3(5) of the Bihar Negotiable Sale Act and Sections 3(1)(d), 3(1)(dh) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused posted defamatory material about the informant’s daughter and subsequently assaulted her, invoking the SC/ST Act. The appellant contended that the dispute arose merely from a quarrel over mobile postings and that no offence under the SC/ST Act was made out, making anticipatory bail appropriate. The High Court examined the FIR and found no indication that the alleged assault was motivated by the victim’s caste, concluding that the SC/ST provisions were inapplicable. Consequently, the Court allowed the appeal, set aside the lower court’s order, and directed that the appellant be released on bail upon furnishing the prescribed bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the alleged assault and defamatory posting constitute an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether anticipatory bail under Section 438 of the CrPC is maintainable when the SC/ST Act is not applicable.
- Whether the FIR demonstrates a caste-based motive sufficient to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure (CrPC) — s. 438(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(d), 3(1)(dh)
Subjects
- anticipatory bail
- SC/ST Act
- caste discrimination
- assault
- defamation
- mobile posting dispute
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4137 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Rina Devi W/o Ram Balak Bhagat Resident of Village - Jagarnatha, P.S. -
Manjhagarh, District - Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Harendra Ram S/o Late Vikrama Ram R/o vill - Jagarnatha, P.s.-
Manjhagarh, Distt.- Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bijay Prakash Singh
For the Respondent/s : Mr.Binay Krishna
For the O.P. No. 02 : Mr. Aditya Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
25.07.2025 passed by the learned Additional Sessions Judge-XI-
cum-Special Judge, SC/ST Act, Gopalganj in ABP No. 777 of
2025 arising out of Manjhagarh P.S. Case No. 113 of 2025
registered for the offence under Sections 115(2), 126(2), 103,
3(5) of the BNS and under section 3(1)(d), 3 (1) (dh) of S.C/S.T.
(POA) Act by which anticipatory bail filed by the appellant has
been rejected.
3. As per the prosecution case, the accused persons
are said to have posted wrong things about the informant’s
daughter and when the informant came to the house of the
Patna High Court CR. APP (SJ) No.4137 of 2025(4) dt.12-03-2026
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accused persons she was assaulted and abused by caste name.
4. Learned counsel for the appellant submits that the
appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case as
the occurrence has taken place because of some dispute over the
posting of wrongs things on mobile at the instance of one Aarti
Kumari and therefore the application of the anticipatory bail is
maintainable.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. From the reading of the entire FIR it does not
appear that offence has been committed against the informant on
the ground that she is a member of SC/ST community and
primarily, it appears that for a dispute over posting wrong things
on mobile, the occurrence has taken place and therefore, this
application for grant of anticipatory bail is held to be
maintainable.
7. Considering the facts of the case and the rival
submissions of the parties and also considering the fact that the
appellant is a woman, this appeal is allowed and accordingly,
the order dated 25.07.2025, is hereby set aside.
8. Let the appellant, in the event of her arrest or
Patna High Court CR. APP (SJ) No.4137 of 2025(4) dt.12-03-2026
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surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Additional Sessions Judge-XI-cum-Special Judge,
SC/ST Act, Gopalganj/concerned Court below in in connection
with Manjhargh P.S. Case NO. 113 of 2025, subject to the
conditions laid down under Section 438(2) of the Code of
Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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