Patna High Court
Punam Devi @ Puna DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the order refusing anticipatory bail and allowed the appeal, granting anticipatory bail subject to conditions.
Summary
The appellants, Punam Devi, Nutan Kumari and Monu Kumar, appealed against the refusal of anticipatory bail under Section 14‑A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant alleged that his minor sister was kidnapped by a person named Sonu with the help of the appellants. The victim was later recovered and, under Section 183 of the CrPC, gave a statement that did not support the prosecution’s case. The Special Public Prosecutor highlighted the lack of corroboration, and the learned appellate court set aside the lower court’s order refusing bail. The court granted anticipatory bail to the appellants, subject to a Rs 5,000 bond, two sureties and conditions under Section 482(2) of the CrPC. The appeal was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 14‑A(2) of the SC/ST Act when the victim’s statement does not support the prosecution.
- Whether the lower court’s refusal of anticipatory bail was legally sustainable.
Legislation cited
- Criminal Procedure Code — s. 182, 183, 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- kidnapping
- Criminal Procedure Code
- Section 14-A
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4310 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- PARBATTA District- Khagaria
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1. Punam Devi @ Puna Devi W/o Late Umesh Chaudhary @ Late Uday
Chaudhary Resident of Village- Salarpur, PS- Parbatta, District- Khagaria
2. Nutan Kumari D/o Late Umesh Chaudhary @ Late Uday Chaudhary
Resident of Village- Salarpur, PS- Parbatta, District- Khagaria
3. Monu Kumar S/o Late Umesh Chaudhary @ Late Uday Chaudhary Resident
of Village- Salarpur, PS- Parbatta, District- Khagaria
... ... Appellant/s
Versus
1. The State of Bihar
2. Anil Kumar S/o Manni Rajak Resident of Village- Salarpur, ward no. 10,
PS- Parbatta, District- Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Amar Kumar Singh
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
7 15-05-2026 1. Heard learned counsel for the appellants and
learned Special P.P. for the State.
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 14.07.2025 in S.A.A. No. 54/2025, passed by the
learned 1st Additional Sessions Judge-cum-Special Judge,
Khagaria in connection with Parbatta P.S. Case No. 50 of 2025
registered under Section 96 BNS as well as Sections 3(i)(r)(s)
Patna High Court CR. APP (SJ) No.4310 of 2025(7) dt.15-05-2026
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of the SC/ST Act.
3. The learned counsel for the appellants submits that
appellants are persons with clean antecedent and appellants nos.
1 and 2 are women and the informant alleges that his minor
sister on 07-02-2025 had gone to attend a marriage, where sonu
enticed his sister and fled with her, accordingly the informant
went to the house of Sonu to enquire, when his mother, Nutan
and Monu said that they do not know where they have fled, thus
alleges that Sonu with the help of accused persons including the
appellants kidnapped his sister.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant.
5. At this stage, the learned Special Public Prosecutor
submits that the victim has been recovered and her statement
was recorded under section 183 BNSS, wherein she has not
supported the case of the prosecution.
6. After hearing the learned counsel for the parties, the
order impugned is set aside. Let the appellants, above named, in
the event of their arrest or surrender before the learned Court
below within a period of six weeks from the date of receipt of
the order, be released on anticipatory bail on furnishing bail
Patna High Court CR. APP (SJ) No.4310 of 2025(7) dt.15-05-2026
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bond of Rs.5,000/- (rupees five thousand) with two sureties of
the like amount each to the satisfaction of the learned court
below where the case is pending in connection with the
aforesaid case, subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Satyavrat Verma, J)
amit/-
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