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Patna High Court

Punam Devi @ Puna DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                             2/3




          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
                                                          3/3




                       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/-

U        T


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