Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The appeal is allowed and the order rejecting anticipatory bail is set aside, with anticipatory bail granted to the appellants.
Summary
Kiran Devi and Neha Devi, both women, were charged under several IPC sections and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a neighbour who was placing a cart near his house. They contended that the neighbour had earlier assaulted Kiran Devi over a drainage dispute, filing an earlier FIR (Case No. 487 of 2024), and that the present FIR was a retaliatory counter‑complaint with no medical evidence of injury. Their counsel highlighted that similarly situated co‑accused had been granted anticipatory bail by a coordinate bench of the same court. The Special Judge had rejected their anticipatory bail application, prompting an appeal under Section 14‑A(2) of the SC/ST Act. The Patna High Court, considering the lack of injury, the prior FIR, and the precedent, set aside the Special Judge’s order and granted anticipatory bail, directing the appellants to furnish bail bonds of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the appellants under the SC/ST (Prevention of Atrocities) Act despite the allegations of assault.
- Whether the existence of a prior FIR filed by the appellants and the absence of medical evidence of injury affect the grant of anticipatory bail.
- Whether the precedent of anticipatory bail granted to similarly situated co‑accused is determinative.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 323, 324, 34, 341, 504, 506
- Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- assault
- gender
- prior FIR
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4233 of 2024
Arising Out of PS. Case No.-488 Year-2024 Thana- AGAMKUAN District- Patna
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1. Kiran Devi Wife of Ramesh Bharti Mohalla- Bari Pahari Mushari, P.S.-
Agam Kuan, Dist.- Patna
2. Neha Devi @ Neha Kumari Wife of Prakash Bharti Mohalla- Bari Pahari
Mushari, P.S.- Agam Kuan, Dist.- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Laddu Paswan Son of Ramanand Paswan Mohalla- Bari Pahari Mushari,
P.S.- Agam Kuan, Dist.- Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Satyendra Narayan
For the State : Mr.Sadanand Paswan
For the O. P. No. 2 : Mr. Rabindra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-02-2026 1. Heard learned Counsel for the appellants, learned Counsel
for the Opposite Party No. 2 and learned Additional
Public Prosecutor for the State.
2. An order, dated 03.08.2024 passed by learned Exclusive
Special Judge, SC/ST, Patna, in A.B.P. No. 2643 of 2024,
is under challenge in the present appeal preferred under
Section 14-A(2) of the Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, whereby the
anticipatory bail application of the appellants in
connection with Agam Kuan Police Station Case No. 488
of 2024, registered for the offences punishable under
Patna High Court CR. APP (SJ) No.4233 of 2024(5) dt.23-02-2026
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Sections 341/323/324/504/506/34 of the Indian Penal
Code and Section 3 (i) (r) (s) of the Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, 1989,
has been rejected.
3. The prosecution case, as per the First Information Report,
is that on 14.06.2024, at about 10 AM, in the morning,
while the informant was placing his cart near his house,
his neighbours, i.e. the appellants, along with other co-
accused persons, objected the informant from placing his
cart and when the informant told him that he was placing
his cart near his house, the appellants and other co-
accused persons abused the informant and assault him
with lathi on his head.
4. Learned Counsel appearing on behalf of the appellants
submits that the appellants are ladies and the entire family
members have been made accused due to the fact that on
the same day, i.e. on 14.06.2024, at about 09:30 AM, the
informant and his family members assaulted the appellant
Kiran Devi, due to the dispute of drainage between them.
The First Information Report has been lodged by the
appellant no. 1 against the informant and others, having
Agam Kuan Police Station Case No. 487 of 2024. The
Patna High Court CR. APP (SJ) No.4233 of 2024(5) dt.23-02-2026
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First Information Report lodged by the side of the
appellants is prior in time to the present First Information
Report. The present First Information Report is a counter
blast to the First Information Report lodged by the
appellants’ side. No injury has been produced on record
by the prosecution on the head of the informant. He
submits that similarly situated co-accused persons,
Rakesh Bharti and Prakash Bharti (by order, dated
12.11.2025, passed in Criminal Appeal (SJ) No. 4286 of
2024) have been granted anticipatory bail by a co-
ordinate Bench of this Court.
5. Learned Counsel for the Opposite Party No. 2 argued that
there is specific allegation of assault by the appellants and
other accused persons and the informant was admitted to
the hospital.
6. Having heard learned Counsel for the parties concerned
and taking into consideration the nature of allegation and
the fact that both the appellants are ladies and similarly
situated co-accused persons have been granted
anticipatory bail by a co-ordinate Bench of this Court, I
am inclined to grant anticipatory bail to the appellants.
7. Accordingly, this appeal is allowed and the order, dated
Patna High Court CR. APP (SJ) No.4233 of 2024(5) dt.23-02-2026
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03.08.2024, passed in A.B.P. No. 2643 of 2024, by
learned Exclusive Special Judge, SC/ST, Patna, is set
aside.
8. Let the appellants, above named, be 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 learned Exclusive Special Judge, SC/ST,
Patna, in connection with Agam Kuan Police Station Case
No. 488 of 2024, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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