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Patna High Court

Malti DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the anticipatory bail application, set aside the order of the Special Judge, and imposed bail conditions.

Summary

The appellants, four residents of Amraut Dih, filed a criminal appeal seeking anticipatory bail and setting aside the order dated 29‑08‑2025 of the Exclusive Special Judge, Gaya, in a case arising from Bahera P.S. Case No. 89 of 2025. They were charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023 (including offences of assault, theft, and outraging modesty) and under Section 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that the accused entered the victim’s house, assaulted family members, stole money and ornaments, and used caste‑based abusive language. The defence argued that the allegations were split, that the SC/ST Act ingredients were absent, that the FIR was filed retaliatorily, and that the appellants had clean antecedents. The State and the second respondent opposed bail, citing serious injuries and alleged outraging of modesty. The court held that the ingredients of the SC/ST provision were not satisfied, and, considering the circumstances, granted anticipatory bail with conditions, setting aside the earlier order of the Special Judge.

Issues considered

  • Whether the ingredients of Section 3(i)(r)(s) of the SC/ST (Prevention of Atrocities) Act are satisfied in the present case.
  • Whether anticipatory bail can be granted despite charges of assault, theft, and outraging modesty under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the order of the Exclusive Special Judge dated 29‑08‑2025 should be set aside.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST (Prevention of Atrocities) Act
  • assault
  • theft
  • outraging modesty
  • caste based violence
  • Bhartiya Nyaya Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4631 of 2025
                          Arising Out of PS. Case No.-89 Year-2025 Thana- Bahera District- Gaya
                 ======================================================
           1.     Malti Devi W/o Naresh Yadav R/o Village - Amraut Dih , Amraut, P.s.-
                  Bahera, District -Gaya
           2.    Baleshwar Yadav S/o Late Faguni Yadav R/o Village - Amraut Dih , Amraut,
                 P.s.- Bahera, District -Gaya
           3.    Vijay Yadav S/o Late Chandru Yadav @ Late Chandan Yadav R/o Village -
                 Amraut Dih , Amraut, P.s.- Bahera, District -Gaya
           4.    Munwa Devi @ Manava Devi W/o Mukhlal Yadav R/o Village - Amraut Dih
                 , Amraut, P.s.- Bahera, District -Gaya

                                                                                     ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Usha Devi W/o Badri Chaudhary R/o Village - Amraut Dih , Amraut, P.s.-
                 Bahera, District -Gaya

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Durgesh Nandan, Advocate
                 For the State            :        Mr. Sadanand Paswan, Spl. P.P.
                 For the Resp. No. 2      :        Mr. Satya Veer, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-04-2026                     Heard learned counsel for the appellants, learned

                   counsel for the respondent No. 2 and learned Special Public

                   Prosecutor for the State.

                               2. The present Cr. Appeal (SJ) application has been

                   filed for seeking grant of bail and setting aside the order dated

                   29.08.2025 in A.B.P. No. 222 of 2025 arising out of Bahera P.S.

                   Case No. 89 of 2025, passed by the Exclusive Special Judge,

                   S.C./S.T., Gayaji, for the offence punishable under Sections

                   126(2), 115(2), 117(2), 76, 303(2), 351(2), 352 & 3(5) of the
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          Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,

          2023”) and under Section 3(i) (r) (s) of the SC/ST (POA) Act.

                       3. As per the prosecution, FIR has been lodged against

          10 named accused persons, including the present appellants,

          alleging that the accused persons used criminal force and

          attempted to commit an offence by tearing the blouse of the

          victim, however, she somehow saved herself. Subsequently, the

          accused persons entered the house of the victim, assaulted the

          husband, son, and daughter of the informant, snatched Rs.

          50,000/- and gold ornaments from the almirah, and fled away.

          Thereafter, some of the accused persons started assaulting with

          lathi and danda, inflicting injuries on the husband of the

          informant, and abused him using caste-based words, threatening

          that if a case was lodged, there would be dire consequences.

                       4. Learned counsel for the appellants submits that the

          appellants are innocent and have committed no offence. Counsel

          submits that the allegations are in two parts. In the first part,

          allegations have been made in the present case regarding

          outraging the modesty of the informant against three named

          accused persons. Counsel further submits that subsequently the

          names of all family members have been inserted in the FIR.

                       5. Counsel further submits that there are no
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          ingredients of Section 3(i)(r)(s) in the present case, as the only

          allegation is that the accused persons entered the house of the

          informant, which subsequently resulted in a scuffle in which the

          informant’s husband received an injury on his left leg and on his

          head. Counsel further submits that the incident is otherwise, he

          submits that on the evening of 04.06.2025, when the son of one

          of the appellants was going to school, he instructed the

          informant’s side not to engage in gambling, and it is due to this

          reason, the scuffle took place. For this, the appellants’ side has

          already lodged a criminal case bearing Bahera P.S. Case No. 88

          of 2025.

                       6. Counsel further submits that when the informant’s

          side received information about the lodging of the FIR, they

          filed the present criminal case later on, namely, Bahera P.S.

          Case No. 89 of 2025, in retaliation. Counsel further submits that

          both sides are residents of the same village and the scuffle took

          place over a petty matter, but the initiation was made by the

          informant’s side. Counsel further submits that the criminal

          antecedents of the appellants are clean, and they are ready to

          fulfil all the conditions whatsoever may be imposed upon them.

                       7. Learned counsel for respondent No. 2 vehemently

          opposes the prayer for bail and submits that it is true that no
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          specific allegation has been made, however, injuries have been

          sustained and the said injuries are serious in nature. Counsel

          further submits that there are direct allegations against three

          persons, as they entered the house of the informant and tried to

          outrage her modesty.

                       8. Learned Special Public Prosecutor for the State

          opposes the prayer for bail of the appellants but fairly submits

          that there is a lack of ingredients under Section 3(i) (r) (s) of the

          S.C./S.T. Act. Counsel further fairly submits that there is a case

          and counter-case between the parties, and both parties are

          residents of the same village.

                       9. In the present facts and circumstances of this case,

          let the appellants named above be granted bail, on furnishing

          bail bonds of Rs.30,000/- (Rupees Thirty Thousand) each as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

          satisfaction of Exclusive Special Judge, S.C./S.T., Gaya Ji, in

          connection with A.B.P. No. 222 of 2025 arising out of Bahera

          P.S. Case No. 89 of 2025, subject to the conditions as laid down

          U/s 480(3) of the B.N.S.S., 2023 with other following

          conditions:-

                                        (i) one of the bailor should be the family
                          member of the appellants who shall provide official
                          document to show his bona fide;
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                                                  (ii) the appellants shall appear on each
                                    and every date before the Trial Court and failure to
                                    do so for two consecutive dates without plausible
                                    reason will entail cancellation of his bail bonds by
                                    the Trial Court itself;
                                                  (iii) the appellants shall desist from
                                    committing any criminal offence again, failing
                                    which the State shall be at liberty to take steps for
                                    cancellation of the bail bonds.


                                 10. Accordingly, the order dated 29.08.2025 in A.B.P.

                    No. 222 of 2025, arising out of Bahera P.S. Case No. 89 of

                    2025, passed by the Exclusive Special Judge, S.C./S.T., Gaya, is

                    hereby set aside, and the present anticipatory bail application

                    stands allowed.



                                                                           (Dr. Anshuman, J.)


Aman Kumar/-

U     T


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