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Patna High Court

Poonam DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants.

Summary

The appellants were accused under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting a woman and snatching her mobile phone on 3 August 2024. The Special Judge had rejected their anticipatory bail application. The appellants contended that the complaint was false, arising from a prior dispute over cattle damage, and that the alleged assault occurred inside the complainant's house, not in public view, thus not attracting the SC/ST Act. The State and the complainant opposed bail. Considering the nature of the accusation, the clean antecedents of the appellants, and the lack of a specific overt act, the High Court allowed the appeal, set aside the order denying bail, and directed that bail be granted upon furnishing bonds and sureties. The decision effectively grants anticipatory bail to the appellants.

Issues considered

  • Whether the allegations against the appellants constitute an offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
  • Whether anticipatory bail should be granted in view of the nature of the accusation and the appellants' clean antecedent.
  • Whether the alleged assault, occurring inside a private residence, falls within the ambit of the SC/ST Act.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste based violence
  • false allegations
  • bail jurisdiction
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4741 of 2024
                       Arising Out of PS. Case No.-90 Year-2024 Thana- SC/ST District- Samastipur
                 ======================================================
           1.     Poonam Devi Wife of Udgar Rai Resident of Village- Gondhsisia ward no 5,
                  PS- Vidhyapati Nagar, Distt.- Samastipur
           2.    Nitish Kumar Son of Udgar RAi Resident of Village- Gondhsisia ward no 5,
                 PS- Vidhyapati Nagar, Distt.- Samastipur
           3.    Manjeet Kumar Son of Ram Pukar Rai Resident of Village- Gondhsisia ward
                 no 5, PS- Vidhyapati Nagar, Distt.- Samastipur
           4.    Ranjeet Kumar Son of Ram Pukar Rai Resident of Village- Gondhsisia ward
                 no 5, PS- Vidhyapati Nagar, Distt.- Samastipur
           5.    Sanjeet Kumar Son of Ram Pukar Rai Resident of Village- Gondhsisia ward
                 no 5, PS- Vidhyapati Nagar, Distt.- Samastipur

                                                                                    ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Pinki Devi Wife of Nagendra Ram Resident of Village- Godhsisia ward no
                 5, PS- Vidhyapati Nagar, Distt.- Samastipur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Kunwar Narayan Jamuar, Advocate
                 For the Respondent/s    :        Mr. Binay Krishna, Spl. Public Prosecutor
                 For the R.No. 2         :        Mr. Amit Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   02-04-2026                  Heard learned counsel for the appellants, respondent

                   no. 2 and the State.

                               2. This appeal has been filed against the order dated

                   12.09.2024 passed by learned Exclusive Special Judge, SC/ST

                   (POA) Act, Samastipur in ABP No. 2437 of 2024 arising out of

                   Samastipur SC/ST P.S. Case No. 90 of 2024 registered under

                   Sections 126(2), 115, 303(2), 76, 352, 3(5) of the Bharatiya

                   Nyaya Sanhita and Section 3(1)(r)(s)(w), 3(2)(va) of Scheduled
Patna High Court CR. APP (SJ) No.4741 of 2024(4) dt.02-04-2026
                                             2/3




          Castes and Scheduled Tribes (Prevention of Atrocities) Act,

          whereby the prayer for anticipatory bail of appellants has been

          rejected.

                       3. Prosecution case, in brief, is that on 03.08.2024 at

          about 8 PM, when informant was at her house, all the F.I.R.

          named accused persons, including these appellants, came at her

          house, abused her by caste name and called her witch. Upon

          protest, all the accused persons assaulted her by means of fists,

          feet and sticks and appellant no. 2 snatched her mobile phone.

                       4. Learned counsel for the appellants submits that

          appellants are innocent. As a matter of fact, informant’s cattle

          destroyed paddy crop of the appellants and when they went to

          complain about the same, appellants were brutally assaulted by

          informant and others for which Vidyapatinagar P. S. Case No.

          110 of 2024 was lodged by appellants’ side against informant

          and others for the aforesaid incident. The present case with false

          allegation has been lodged only to save their skin from the

          aforesaid case. Allegation of assault is general and omnibus and

          there is no allegation of any specific overt act against the

          appellants. He further submits that the alleged incident took

          place inside the house of informant and not within the public

          view, as such, no case under SC/ST Act is made out against the
              Patna High Court CR. APP (SJ) No.4741 of 2024(4) dt.02-04-2026
                                                           3/3




                        appellants. Appellants claim clean antecedent.

                                     5. Learned Spl. Public Prosecutor for the State as well

                        as learned counsel for the respondent no. 2 vehemently opposed

                        the bail application.

                                     6. Considering the nature of accusation and clean

                        antecedent, let the appellants, as named above, in the event of

                        their arrest/surrender within a period of eight weeks from today,

                        be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

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

                        satisfaction of learned Exclusive Special Judge, SC/ST (POA)

                        Act, Samastipur in ABP No. 2437 of 2024 arising out of

                        Samastipur SC/ST P.S. Case No. 90 of 2024.

                                     7. Accordingly, this criminal appeal is allowed and

                        impugned order dated 12.09.2024 is set aside with respect to

                        these appellants only.



                                               (Prabhat Kumar Singh, J)
Navya/-

U         T


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