Patna High Court
Malti Devi @ Manti DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The order refusing anticipatory bail is set aside and anticipatory bail is granted to the appellants.
Summary
The appeal filed by four women under Section 14‑A(2) of the SC/ST Act challenged a special court’s refusal to grant anticipatory bail in a case where they were accused of assaulting the informant’s family under several provisions of the Bihar Negotiable Substances Act and the SC/ST Act. The informant alleged that the women, along with several male assailants, attacked his household on 10 July 2025, causing injuries and theft, but the appellants contended they were falsely implicated, the incident occurred inside a private residence, the FIR was lodged two days later, and no specific allegations were made against some of them. The special court had denied anticipatory bail, prompting the appeal. The High Court examined the credibility of the allegations, the delay in filing the FIR, and the principle that anticipatory bail should not be denied where the case appears to be a counter‑blasting false complaint. It set aside the special court’s order and granted anticipatory bail subject to bond and surety conditions under Section 482(2) of the CrPC. The appeal was allowed.
Issues considered
- Whether the refusal to grant anticipatory bail under Section 14‑A(2) of the SC/ST Act is justified in the present facts
- Whether the delay in lodging the FIR and the alleged private nature of the incident warrant granting anticipatory bail
- Whether the allegations against the women constitute a false or retaliatory complaint
- Whether the provisions of the Bihar Negotiable Substances Act and the SC/ST Act are applicable to grant bail
Legislation cited
- Bihar Negotiable Substances (BNSS) Act, 2023 — s. 115(2), 118(1), 16(2), 191(2), 303(2), 351(2), 352
- Criminal Procedure Code — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(2)(va), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- delay in FIR
- women accused
- criminal procedure
- Section 14-A
- Bihar Negotiable Substances Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.421 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- RAJPUR District- Rohtas
======================================================
1. Malti Devi @ Manti Devi W/O Deomuni Sah Resident of Village-
Nachaniya, P.S.- Rajpur, Dist.- Rohtas.
2. Beauty Kumari D/O Anil Sah Resident of Village- Nachaniya, P.S.- Rajpur,
Dist.- Rohtas.
3. Sangita Devi @ Singita Devi W/O Anil Sah Resident of Village- Nachaniya,
P.S.- Rajpur, Dist.- Rohtas.
4. Kunti Devi W/O Shyam Dayal Sah Resident of Village- Nachaniya, P.S.-
Rajpur, Dist.- Rohtas.
... ... Appellant/s
Versus
1. The State of Bihar
2. Sri Bhagwan Ram S/O Late Shivdhari Ram Resident of Village- Kashipuri
Nachaniya, P.S.- Rajpur, Dist.- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kamla Kant Pandey
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 09-07-2026 1. Heard learned counsel for the appellants, learned
Special P.P. for the State and the learned counsel appearing on
behalf of the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 08.12.2025 passed by the learned Special Court of
S.C./S.T. (POA) Act, Sasaram at Rohtas in connection with
Patna High Court CR. APP (SJ) No.421 of 2026(4) dt.09-07-2026
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Rajpur P.S. Case No. 104 of 2025 registered for the offences
punishable under Sections 191(2), 16(2), 115(2), 118(1), 303(2),
352 and 351(2) of the BNS, 2023 as well as Sections 3(i)(r)(s)
and 3(2)(va) of the SC/ST Act.
3. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and are women and
the informant alleges that on 10.07.2025 at 08:30 PM he was
having dinner when accused persons including the appellants
started abusing, on objection they came to his house and Pinku,
Ganesh and Chhotu assaulted him by rod causing injury on
head, thereafter Anil, Deo Muni, Pinku, Dhanesh and Shyam
assaulted his son by rod causing injury on head while appellant
nos. 1, 3 and 4 assaulted his daughter by brick causing injury on
face and teeth and she became unconscious and snatched chain
of his daughter.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is further submitted that entire occurrence is
alleged to have taken place inside the house of the informant,
thus, was not in public view. It is also submitted that appellants
being women have been implicated only to coerce male
members of the family into submission. It is also submitted that
Patna High Court CR. APP (SJ) No.421 of 2026(4) dt.09-07-2026
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date of occurrence is 10.07.2025 and the FIR came to be
instituted on 12.07.2025 i.e. after a delay of two days which also
casts an aspersion on the case of the prosecution. It is next
submitted that even allegation of assault against the appellants is
not specifc and no specific allegation of assault is alleged
against appellant no. 2. It is also submitted that Rajpur P.S. Case
No. 103 of 2025 has been instituted from the side of the
appellants against the informant and his side, as such, the instant
FIR is a counterblast.
5. Learned Special P.P. for the State as well as the
learned counsel appearing on behalf of the informant opposes
the appeal.
6. In view of the submissions made by the learned
counsel for the appellants, the order dated 08.12.2025 passed by
the learned Special Court of S.C./S.T. (POA) Act, Sasaram at
Rohtas in connection with Rajpur P.S. Case No. 104 of 2025, is
hereby set aside and the appellants above-named, in the event
of their arrest or surrender within a period of six weeks from
today, be released on anticipatory bail on furnishing bail bonds
of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor court in connection
Patna High Court CR. APP (SJ) No.421 of 2026(4) dt.09-07-2026
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with Rajpur P.S. Case No. 104 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the appeal stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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