Patna High Court
MALTI DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 34, 420
- SC/ST (Prevention of Atrocities) Act — s. 3(i)(f)
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
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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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