Patna High Court
Tahira KhatoonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that the vague and private nature of the allegations did not justify the denial of anticipatory bail, and set aside the Special Judge’s order.
Summary
The appellants, five residents of Harpur Gauss, were charged under several sections of the Bihar Negotiable Instruments Act and Section 3 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting the informant’s husband and threatening sexual violence. The informant alleged that Saukat Ali, who had attempted to solicit sexual favors from her, later, with the accused, attacked her husband at her residence. The appellants contended they were falsely implicated, had clean antecedents, and that the allegations against them were vague, omnibus, and occurred inside a private dwelling, not in public view. The Special Judge had denied anticipatory bail, prompting the appellants to appeal. The Patna High Court set aside the lower court’s order, held that the allegations were insufficient to justify denial of bail, and allowed the appeal, directing the appellants to be released on bail upon furnishing bond and sureties.
Issues considered
- Whether the allegations against the appellants under the SC/ST Act and other statutes are sufficient to deny anticipatory bail.
- Whether the nature of the alleged incident (private residence, omnibus allegations) warrants a denial of bail under Section 482(2) of the Bihar Negotiable Instruments Act.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 109, 115(2), 118(1), 190, 191(2)(3), 482(2), 75
- Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- private dwelling
- omnibus allegations
- Section 482(2)
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4583 of 2025
Arising Out of PS. Case No.-328 Year-2025 Thana- SARAIYA District- Muzaffarpur
======================================================
1. Tahira Khatoon W/O Moukbik R/O Vill.- Harpur Gauss, P.S-Saraiya, Dist.-
Muzaffarpur
2. Arbaaj @ Md. Arbaaj S/O Ballu R/O Vill.- Harpur Gauss, P.S-Saraiya, Dist.-
Muzaffarpur
3. Munna @ Md. Munna S/O Md. Anjig R/O Vill.- Harpur Gauss, P.S-Saraiya,
Dist.- Muzaffarpur
4. Imeityeaj @ Imteyaj @ Md. Imeityeaj S/O Md. Basir R/O Vill.- Harpur
Gauss, P.S-Saraiya, Dist.- Muzaffarpur
5. Sartaaj @ Md Sartaj S/O Md. Basir R/O Vill.- Harpur Gauss, P.S-Saraiya,
Dist.- Muzaffarpur
... ... Appellant/s
Versus
1. The State of Bihar
2. Kajal Devi W/O Deepak Paswan R/O Vill.- Harpur Gauss, P.S-Saraiya,
Dist.- Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar Pandey
For the Respondent/s : Mr. Binay Krishna
Dr. Bipin Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 01-07-2026 1. Heard the learned counsel for the appellants, the
learned Special Public Prosecutor for the State and the learned
counsel appearing on behalf of the informant.
2. The appellants have challenged the order dated
25.09.2025 passed by the learned Special Judge SC/ST (POA)
Act, Muzaffarpur in connection with Saraiya P. S. Case No.328
of 2025, instituted for the offences under Sections 191(2)(3),
190, 109, 75, 115(2), 118(1) of the B.N.S. and Section 3(i)(r)(s)
Patna High Court CR. APP (SJ) No.4583 of 2025(5) dt.01-07-2026
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of the Scheduled Castes & Scheduled Tribes (Prevention of
Atrocities) Act, 1989, whereby their prayer for grant of
anticipatory bail has been rejected.
3. The learned counsel appearing on behalf of the
appellants submits that appellants are persons with clean
antecedent and appellant no.1 is a woman and the informant
alleges that on 29.06.2025 at 6.00 P.M., Saukat Ali came to her
house and asked her to sleep with him for which he will pay, but
informant objected and raised alarm, as such, Saukat Ali fled
and threatened that he will rape her. It is next alleged that when
her husband came home, the informant disclosed about the
occurrence. Further, on 30.06.2025, Saukat Ali along with other
named accused persons including the appellants came variously
armed and assaulted her husband causing injury on face and
threatened that daughter and daughter in-law would be raped.
4. The learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that thrust of
the allegation is against Saukat Ali. It is further submitted that
appellants are not related to Saukat Ali rather are his co-
villagers. It is further submitted that even allegations against the
Patna High Court CR. APP (SJ) No.4583 of 2025(5) dt.01-07-2026
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appellants are general and omnibus in nature. It is also
submitted that even occurrence is alleged to have taken place at
the house of the informant and thus, was not in public view.
5. The learned Special P. P. as well as the learned
counsel appearing on behalf of the informant opposes the
appeal, but then are not in a position to rebut the submission of
the learned counsel appearing on behalf of the appellants that
allegation against the appellants are general and omnibus in
nature and the entire occurrence took place at the house of the
informant, thus was not in public view.
6. Regard being had to the aforesaid submissions, the
order dated 25.09.2025 is set-aside.
7. The appeal stands allowed.
8. After hearing the learned counsel for the parties
and taking into consideration the submissions made by the
learned counsel appearing on behalf of the appellants, the
appellants, above-named, in the event of their arrest or
surrender before the learned Court below within a period of
eight weeks, are directed to be released on bail on their
furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Special Judge SC/ST (POA) Act,
Patna High Court CR. APP (SJ) No.4583 of 2025(5) dt.01-07-2026
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Muzaffarpur in connection with Saraiya P. S. Case No.328 of
2025, subject to the conditions laid down under Section 482(2)
of the BNSS.
(Satyavrat Verma, J)
vikash/-
U T
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