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Patna High Court

Rekha DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                            3/3




                         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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