Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that no prima facie case of caste‑based abuse or assault existed against the appellant, and therefore set aside the order denying bail.
Summary
Rekha Devi, the wife of Ganesh Sah, was implicated in a case alleging she snatched a gold chain and participated in assault against an informant, alleged to be a caste‑based offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. She appealed the order dated 04‑11‑2025 of the Exclusive Special Judge that had denied bail, invoking Section 14A(2) of the Act. The High Court held that there was no prima‑facie evidence of caste‑based abuse or assault against her and that the allegations were motivated to harass her family. Consequently, the court set aside the impugned order, directed her release on bail with a bond of Rs 10,000 and two sureties, and allowed the appeal. The appeal was within the limitation period prescribed under Section 14A(3) of the Act.
Issues considered
- Whether the appellant can be held liable under the SC/ST (Prevention of Atrocities) Act for alleged assault and caste‑based abuse.
- Whether the order denying bail was legally sustainable in view of the evidence.
- Whether the appeal filed under Section 14A(2) is within the limitation period.
Legislation cited
- Bihar Police Act — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
- Criminal Procedure Code — s. 438(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14A(2), 14A(3), 3(1)(r)(s), 3(2)(va)
Subjects
- SC/ST (POA) Act
- caste atrocity
- bail
- prima facie evidence
- limitation period
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5071 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Rekha Devi W/o Ganesh Sah R/o Village- Khanjhapur, Ward no 10, PS-
Cheriya Beriyarpur, District- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar
2. Kundan Kumar Paswan S/o Ramashish Paswan R/o vill - Khanjhapur, P.s. -
Cheriya Beriyarpur, Distt.- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Bijay Bhushan Prasad
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 22-06-2026 Heard the parties.
2. The appellant has preferred the present appeal
under Section 14A(2) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act (for short ‘the Act’) against
the order dated 04.11.2025 passed by the learned Exclusive
Special Judge SC/ST (POA) Act, Begusarai, in A.B.A. No.
2069/2025 in connection with Cheriya Beriyarpur P.S. Case No.
112/2025 registered under Sections 191(2), 191(3), 190,
126(2), 115(2), 109(1), 303(2), 352 and 351(2) of the BNS
and Sections 3(2) (va), 3(1)(r)(s) of the SC/ST (POA) Act.
3. Present appeal is well within limitation as prescribed
under Section 14A(3) of the Act.
4. Despite service of notice to respondent no.
Patna High Court CR. APP (SJ) No.5071 of 2025(3) dt.22-06-2026
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2/informant, he failed to join the present Court proceedings.
5. As per FIR, during the occurrence appellant alleged to
snatch the gold chain from the neck of the informant and alleged
to assault informant by other named co-accused persons, who are
none but the family members of the main co-accused person
namely Ganesh Sah, where appellant is his wife.
6. Learned counsel appearing for the appellant
submitted that appellant was implicated with the present crime in
question only for the reasons that she is wife of the main co-
accused Ganesh Sah and just out of ulterior and oblique motive
to harrass entire family, appellant was implicated with present
crime in question. It is also submitted that allegation qua abusing
in caste name in public view not appears available. In support of
his submission learned counsel relied upon the legal report of
Hon’ble Supreme Court as available through Hitesh Verma v.
State of Uttarakhand, [(2020) 10 SCC 710]. Appellant is a
lady of clean antecedent.
7. Learned Special P.P., while opposing the prayer of
bail submitted that appellant actively participated during the
course of occurrence.
8. In view of aforesaid factual submission and by
taking note of fact as allegation of abusing in caste name prima-
Patna High Court CR. APP (SJ) No.5071 of 2025(3) dt.22-06-2026
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facie not appears available against appellant, allegation of assault
also not appears available, accordingly, above-named appellant,
who is a lady of clean antecedent in the event of her arrest or
surrender before the learned trial Court, within a period of four
weeks of the order, is directed to be released on bail furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge SC/ST (POA) Act, Begusarai/concerned
Court, where the case is pending in connection with A.B.A. No.
2069/2025 in connection with Cheriya Beriyarpur P.S. Case No.
112/2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C.
9. Accordingly, impugned order dated 04.11.2025 is
hereby set aside/quashed.
10. Hence, appeal stands allowed.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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