Patna High Court
Nibha Devi @ Nibha KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appeal is allowed and bail is granted to the appellants, setting aside the lower court’s refusal of bail.
Summary
The appellants, Gayatri Devi and Nibha Devi, were charged under the SC/ST (Prevention of Atrocities) Act, the Bharatiya Nyaya Sanhita and the Bihar Daan Act for allegedly murdering the husband of informant Samudri Devi and attempting to burn her. They contended that they were falsely implicated due to village politics and that the sole basis for their identification was a confessional statement of a co‑accused, with no specific allegation of caste‑based assault against them. The Special Judge had refused bail, but the appellants sought relief, arguing lack of criminal antecedents and no public display of caste hatred. The High Court examined whether the allegations under the SC/ST Act were substantiated and whether bail could be granted pending trial. Finding the prosecution’s case insufficient to justify continued detention, the Court set aside the lower court’s order, granted bail on bond, and allowed the appeal.
Issues considered
- Whether the appellants can be denied bail under the SC/ST (Prevention of Atrocities) Act in the absence of specific caste‑based allegations.
- Whether the confessional statement of a co‑accused suffices to sustain the charge of murder and attempted atrocity against the appellants.
- Whether the conduct alleged amounts to an offence under Sections 3 and 4 of the SC/ST Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 103(2), 109, 115(2), 190, 191(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3, 4
Subjects
- bail
- SC/ST Act
- scheduled caste
- scheduled tribe
- atrocity
- murder
- attempted murder
- caste based offence
- criminal procedure
- exclusive special court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4569 of 2025
Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
======================================================
Gayatri Devi W/o Pramod Manjhi R/o vill - Panchugadh, Mushari, P.S.-
Hisua, Distt.- Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Samudri Devi W/o Late Gaya Manjhi R/o vill - Panchugadh, Mushari, P.S.-
Hisua, Distt.- Nawada
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 4579 of 2025
Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada
======================================================
Nibha Devi @ Nibha Kumari W/o Shiv Manjhi @ Shiva Manjhi R/o Village-
Pachugadh, P.S.- Hisua, Distt. - Nawada
... ... Appellant/s
Versus
1. The State of Bihar
2. Samudri Devi W/o Late Gaya Manjhi R/o vill - Panchugadh, Mushari, P.S -
Hisua, Distt.- Nawada
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4569 of 2025)
For the Appellant/s : Mr. Sheo Nandan Prasad, Advocate
Mr. Rajnish Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P.
(In CRIMINAL APPEAL (SJ) No. 4579 of 2025)
For the Appellant/s : Mr. Sheo Nandan Prasad, Advocate
Mr. Rajnish Kumar, Advocate
For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 26-03-2026 Heard learned counsel for the appellants and learned
Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Patna High Court CR. APP (SJ) No.4569 of 2025(5) dt.26-03-2026
2/3
Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter referred to as the “SC/ST Act”) against the refusal of
prayer for bail vide order dated 23.09.2025 passed by the learned
Exclusive Special Judge, Special court, SC/ST Act, Nawada in
connection with B.P. No. 1410 of 2025, arising out of Hisua P.S.
Case No. 507 of 2025 registered for the offences punishable
under Sections 191(2), 190, 103(1), 103(2), 115(2) & 109 of the
Bharatiya Nyaya Sanhita, 2023, under Sections 3 and 4 of the
Bihar Dian Act and under Sections 3(1)(r)(s), 3(2)(v) of the
SC/ST Act.
3. The case of the complainant, in short, is that the
appellants along with other co-accused persons have murdered
the husband of informant and they also decided to burn the
informant Samudri Devi with deceased Gaya Manjhi.
4. Learned counsel for the appellants submits that
appellants are innocent and have falsely been implicated in the
present case due to dirty village politics. Charge-sheet has been
submitted in this case. No specific allegation is against the
appellant. The name of the appellants have transpired on the
basis of confessional statement of co-accused Mohan Manjhi.
Learned counsel for the appellant further submits that the
appellants have not taken the caste name of the informant in
public view. Hence, no offence under the provisions of SC/ST
Patna High Court CR. APP (SJ) No.4569 of 2025(5) dt.26-03-2026
3/3
Act is made out against them. The appellants have no intention to
disgrace the image of the informant in public view. There is no
specific allegation of assault against the appellants. The
appellants are ladies and they are in custody since 28.08.2025
having no criminal antecedents.
5. Learned Spl.P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellants.
6. In view of the submissions made by the learned
counsel for the appellant, the order dated 23.09.2025 passed by
the learned Exclusive Special Judge, Special court, SC/ST Act,
Nawada in connection with B.P. No. 1410 of 2025, arising out of
Hisua P.S. Case No. 507 of 2025 is hereby set aside and the
appellants above-named, be released on bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each of them with
two sureties of the like amount each to the satisfaction of the
learned court of Exclusive Special Court, SC/ST Act, Nawada in
connection with Hisua P.S. Case No. 507 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…