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Patna High Court

MALTI DEVIversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order rejecting anticipatory bail and allowed the appeal, directing that bail be granted to the appellants.

Summary

The appellants, Malti Devi, Jitendra Sharma and Ram Kumar, appealed against the order of the Special Judge (SC/ST Act) dated 06‑09‑2021 which rejected their anticipatory bail application in a case registered under IPC sections 420 and 34 and Section 3(i)(f) of the SC/ST Act. They alleged that the case stemmed from a civil dispute over a sale deed executed in 2016 and that the complaint was filed four years later without any reasonable explanation, making the criminal prosecution untenable. The State opposed the appeal, contending that the allegations under the SC/ST Act were valid. The High Court, noting the inordinate delay, the civil nature of the dispute, and the clean antecedent of the appellants, set aside the lower court’s order and allowed the appeal. Consequently, the court directed that the appellants be released on bail upon furnishing a bail bond of Rs 10,000 each with two sureties, subject to the Special Judge’s satisfaction.

Issues considered

  • The applicability of Sections 420 and 34 of the IPC and Section 3(i)(f) of the SC/ST Act to the dispute over the sale deed.
  • Whether the delay of four years in filing the complaint defeats the anticipatory bail application.
  • Whether the matter is a civil dispute and thus not cognizable under the SC/ST Act.
  • The suitability of granting anticipatory bail to the appellants.

Legislation cited

Subjects

  • anticipatory bail
  • delay
  • SC/ST Act
  • civil dispute
  • fraud
  • bail
  • criminal appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4469 of 2021
                   Arising Out of PS. Case No.-277 Year-2020 Thana- GANDHIMAIDAN District- Patna
                 ======================================================
           1.     Malti Devi Wo Sri Jitendra Sharma R/o village- Barhela, P.S.- Paras Bigha,
                  District- Jehanabad
           2.    Jitendra Sharma S/o Late Sri Ram Sharma R/o village- Barhela, P.S.- Paras
                 Bigha, District- Jehanabad
           3.    Ram Kumar S/o Sri Jitendra Sharma R/o village- Barhela, P.S.- Paras Bigha,
                 District- Jehanabad

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State Of Bihar
           2.    Divya Roy D/o Late Baldeo Roy Resident of Bank Road, Ward No. 27, P.S.-
                 Gandhi maidan, Dist-Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr.Raj Krishan Jha
                 For the Respondent/s   :       Mr.Sadanand Paswan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   15-01-2026                   Heard learned counsel for the appellants and learned

                   Special P.P. for of the State. Despite filing Vakalatnama, nobody

                   appears on behalf of respondent no. 2.

                                  2. This appeal has been filed against the order dated

                   06.09.2021 passed by learned ADJ – III cum Special Judge,

                   SC/ST Act, Patna in a case registered under Sections 420/34 of

                   the Indian Penal Code and Section 3(i)(f) of the SC/ST Act,

                   whereby the prayer for anticipatory bail of appellants has been

                   rejected.

                               3. It is alleged that these appellants fraudulently
Patna High Court CR. APP (SJ) No.4469 of 2021(5) dt.15-01-2026
                                             2/3




          executed the sale-deed of the house of respondent no. 2.

                        4. Learned counsel for the appellants submits that

          appellants have been falsely implicated in this case. He further

          submits that sale-deed was executed on 25.11.2016 in favour of

          the appellants and present case has been lodged on frivolous

          ground on 07.10.2020 i.e. after lapse of about 4 years without

          any plausible explanation of delay. Moreover, it is a case of civil

          dispute. It is not the case of the informant/respondent no. 2 that

          at the time of alleged occurrence, any public was present and as

          such, no case under the SC/ST Act is made out. Appellants

          claim clean antecedent.

                        5. Learned Spl. Public Prosecutor for the State

          opposes the appeal.

                        6. However, considering the delay in lodging the

          case, nature of dispute and clean antecedent of appellants, the

          impugned order dated 06.09.2021 is, hereby, set aside and this

          criminal appeal is allowed.

                       7. Let the appellants, as named above, in the event of

          arrest or surrender within a period of eight weeks from today, be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of learned ADJ – III cum Special Judge, SC/ST Act,
           Patna High Court CR. APP (SJ) No.4469 of 2021(5) dt.15-01-2026
                                                        3/3




                     Patna in connection with Special (SC/ST) Case No. 431 of

                     2020, arising out of Gandhi Maidan P.S. Case No. 277 of 2020.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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