Patna High Court
Guriya DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The High Court held that, on a prima facie basis, the SC/ST Act does not apply and therefore granted anticipatory bail to the appellants.
Summary
The appellants, Guriya Devi and Rinku Devi, were charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and related provisions for allegedly assaulting an informant and her son with caste‑based abuse. They applied for anticipatory bail under Section 14(A)(2) of the CrPC, which was denied by the Special Judge. On appeal, the High Court examined whether the FIR disclosed a prima facie case under the SC/ST Act and found that the allegations were vague and primarily directed at another accused, Prahlad Kumar. Consequently, the Court held that the provisions of the SC/ST Act were not attracted in the appellants' case. The High Court set aside the lower court’s order and granted anticipatory bail subject to conditions under Section 438(2) of the CrPC.
Issues considered
- Whether the allegations in the FIR constitute a prima facie case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act sufficient to deny anticipatory bail.
- Whether anticipatory bail can be granted under Section 438 of the CrPC when the SC/ST Act is not attracted.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 14(A)(2), 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i)(r), 3(i)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- Criminal Procedure Code
- prima facie case
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4167 of 2025
Arising Out of PS. Case No.-265 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
1. Guriya Devi W/O Ranjay Mandal @ Rango Mandal Resident of Village-
Lodipur, P.S.- Warisaliganj, District- Nawada.
2. Rinku Devi W/O Sanjay Mandal Resident of Village- Lodipur, P.S.-
Warisaliganj, District- Nawada.
... ... Appellants
Versus
1. The State of Bihar
2. Usha Devi W/O Tulsi Chaudhary R/O Village- Lodipur, P.O- Kesauri, P.S-
Pakribarawan, Distt.- Nawada, Pin Coe- 805132.
... ... Respondents
======================================================
Appearance :
For the Appellant/s : Mr. Man Mohan Kumar, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
For the Informant : Mr. Vishwa Ranjan Chaudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the appellant, learned
counsel for the informant and learned Spl.P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
02.09.2025 passed by the learned Court of Exclusive Special
Judge, SC/ST (Prevention of Atrocities) Act, Nawada in
connection with Pakribarawan P.S. Case No.265 of 2025
registered under Sections 115(2), 109, 118(2), 126(2), 351(2),
352 and 3(5) of BNS, 2023 and Sections 3(i)(r), 3(i)(s) of the
Scheduled Castes and Scheduled Tribes Act.
3. The case of the prosecution, in brief, is that on
Patna High Court CR. APP (SJ) No.4167 of 2025(3) dt.23-02-2026
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02.07.2025, informant and her son Golu Kumar were coming
from the field after plucking mung beans when appellants and
other accused persons came out from the house armed with iron
rod, lathi, danda in their respective hand and started abusing
with caste name and assaulted them due to which Golu Kumar
fell down and got head injury.
4. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and have been
falsely implicated in the present case. It is further submitted
that there is a general allegation against the appellants of having
hurled abuses on caste lines without specifically alleging as to
the exact nature of the abuses and also it appears that the
allegation of assault is mainly on one Prahlad Kumar and not on
the appellants.
5. Learned Special Public Prosecutor for the State and
learned counsel for the informant have vehemently opposed the
prayer for bail of the appellants based upon the allegation made
in the F.I.R.
6. From the reading of the allegation leveled in the
FIR, it appears that there is a general allegation against the
appellants of having hurled abuses on caste lines without
specifically alleging as to the exact nature of the abuses and also
Patna High Court CR. APP (SJ) No.4167 of 2025(3) dt.23-02-2026
3/3
it appears that the allegation of assault is mainly on one Prahlad
Kumar and not on the appellants. Under these circumstances,
prima facie, the provisions of SC/ST Act would not get
attracted, let the appellants, above named, in the event of their
arrest to surrender before the Court below within a period of
thirty days from the date of receipt of the order, be released on
anticipatory bail on furnishing each of them bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Court of Exclusive
Special Judge, SC/ST (Prevention of Atrocities) Act, Nawada in
connection with Pakribarawan P.S. Case No.265 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U T
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