Patna High Court
BINITA DEVI @ REENA DEVI @ RANI DEVIversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The appeal was dismissed and bail was not granted to the appellant.
Summary
The appellant, Binita Devi, mother‑in‑law of a deceased woman, was charged under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST (Prevention of Atrocities) Act for alleged caste‑based abuse, dowry harassment and murder. The informant alleged that her daughter was abused for caste name, threatened, and killed, and the husband’s recorded confessional statement implicated the appellant and her mother‑in‑law in the murder and concealment of the body. The appellant argued lack of specific allegations, absence of eyewitnesses, no public use of caste name and no criminal antecedent, seeking bail. The prosecution opposed bail, relying on the husband’s confession as a direct allegation against the appellant. The High Court, after considering the confessional statement as sufficient ground, dismissed the appeal and denied bail, directing the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the appellant in a case involving alleged offences under the Bharatiya Nyaya Sanhita and the SC/ST Act.
- Whether the husband’s confessional statement constitutes a direct allegation sufficient to deny bail.
- Whether the absence of a public utterance of the caste name negates liability under the SC/ST (Prevention of Atrocities) Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 118(2), 238, 3(5), 61(2), 80(2)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- SC/ST Act
- dowry harassment
- murder
- confessional statement
- caste discrimination
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4993 of 2025
Arising Out of PS. Case No.-102 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
Binita Devi @ Reena Devi @ Rani Devi W/o Raben Yadav R/o village-
Dhamsena, PS- Sour Bazar, District- Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Geeta Devi W/o Kapildeo Ram R/o vill - ward no. 9, Rajni, P.S.- Murliganj,
Distt.- Madhepura
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shiva Shankar Sharma, Advocate
For the Respondent/s : Ms. Usha Kumari 1, SPP
For the Informant : Mr. Kumar Goutam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State and learned counsel for the
informant.
2. The instant appeal has been filed by the appellant
against the order dated 27.09.2025 passed by learned Additional
Sessions Judge-1st-cum-Special Judge, SC/ST (PoA) Act,
Saharsa whereby the prayer for bail of the appellant in
connection with Special Case No. 56 of 2025 arising out of Sour
Bazar PS Case No. 102 of 2025 instituted under Sections
118(2), 80(2), 61(2) & 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Sections 3(2)(v) of SC/ST Act (Subsequently, Sections
103(1) & 238 of the BNS were added) was rejected.
Patna High Court CR. APP (SJ) No.4993 of 2025(3) dt.22-01-2026
2/3
3. Prosecution case, in short, is that the informant was
informed on 28.03.2025 that her daughter had died. Informant
alleged that her daughter was abused by caste name, harassed
for dowry demand of Rs. 1 lakh and a motorcycle, and
threatened with death, days before the incident.
4. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
There is no specific allegation against the appellant, rather the
same is general and omnibus in nature. Appellant is the mother-
in-law of the deceased. It is submitted that appellant was even
separate in mess and property of the husband of the deceased.
There is no eye witness to the occurrence. Learned counsel for
the appellant further submits that the appellant has not taken the
caste name of the informant in public view. Hence, no offence
under the provisions of SC/ST Act is made out against him. The
appellant has no intention to disgrace the image of the informant
in public view. The appellant is in custody since 21.05.2025 and
has no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellant. It is submitted that during investigation confessional
Patna High Court CR. APP (SJ) No.4993 of 2025(3) dt.22-01-2026
3/3
statement of the husband of the deceased was recorded, wherein
he confessed that husband of the deceased along with his mother
(appellant herein) committed the murder of the deceased.
Moreover, it is alleged that father-in-law facilitated in
concealing the dead body.
6. Considering the aforesaid facts and circumstances
of the case and there being direct allegation against the
appellant, which is evident from bare perusal of the confessional
statement of husband of the deceased, this Court is not inclined
to allow the appeal. Appeal is, accordingly, dismissed.
7. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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