Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The appeal is disposed with a direction to the appellants to surrender before the trial court, which shall consider and dispose of the case promptly, given the police exoneration.
Summary
The appellants, three women related to Sitaram Rai, were charged under the SC/ST (Prevention of Atrocities) Act and several IPC sections for allegedly assaulting and extorting money from informant Kishor Paswan on 24 October 2021. The informant claimed the women used caste slurs and stole Rs.12,000, while a co‑accused, Horil Yadav, allegedly stabbed him. The police investigation concluded with a final report (Form No.73 of 2022) exonerating the women, but the Special Judge nonetheless took cognizance of the case. The appellants sought anticipatory bail under Section 14‑A(2) of the SC/ST Act, which was refused by the trial court. On appeal, the Patna High Court, while inclined to grant bail, noted that cognizance had already been taken and therefore disposed of the appeal, directing the appellants to surrender before the trial court on 3 August 2026, which must consider and dispose of the matter the same day, taking into account the police exoneration. The appeal was thus disposed with a surrender directive.
Issues considered
- Whether anticipatory bail under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act can be granted when the police investigation has exonerated the accused.
- Whether the trial court’s taking of cognizance can be set aside in view of the exonerating police report.
- Whether a direction to surrender and immediate disposal by the trial court is appropriate under the circumstances.
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 379, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(i), 3(r), 3(s)
Subjects
- anticipatory bail
- SC/ST Act
- cognizance
- police exoneration
- scheduled castes
- scheduled tribes
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5151 of 2024
Arising Out of PS. Case No.-45 Year-2021 Thana- SC/ST District- East Champaran
======================================================
1. Sunita Devi Wife of Sitaram Rai Resident Of Village -Chailaha Paraiya Tola,
PO And PS- Banjariya, Distt.- East Champaran
2. Anju Kumari D/O-Sitaram Rai Resident Of Village -Bathana, PO And PS-
Banjariya, Distt.- East Champaran
3. Dheeraj Kumar S/O- Sitaram Rai Resident Of Village -Bathana, PO And PS-
Banjariya, Distt.- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Kishor Paswan Son of Bigan Paswan Resident Of Village -Rohiniya, PO
And PS- Banjariya, Distt.- East Champaran
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pravin Kumar, Adv.
For the Respondent/s : Mr. Binay Krishna, Spl. P.P.
For the Informant : Mr. Pramod Kumar Yadav, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
8 13-07-2026 1. Heard learned counsel for the appellants, learned
Special P.P. Mr. Binay Krishna for the State and the learned
counsel appearing on behalf of the informant.
2. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the
refusal of prayer for anticipatory bail vide order dated 05.03.2024
in A.B.P. No. 980 of 2024, arising out of SC/ST P.S. Case No.45 of
2021 passed by the learned Special Judge, SC/ST Act, Motihari,
East Champaran, registered under Sections 341, 323, 379, 504,
506, 34 of the Indian Penal Code and Sections 3(i)(r)(s) of the
SC/ST (POA) Act.
Patna High Court CR. APP (SJ) No.5151 of 2024(8) dt.13-07-2026
2/3
3. Learned counsel for the appellants submits that
appellants are persons with clean antecedent and are women and
the informant alleges that on 24.10.2021 at 1.30 P.M., he was
going to Motihari for purchasing pigs and when he reached near an
over bridge, the accused persons including the appellants abused
him by taking caste name and snatched Rs.12,000/- from his
pocket and Horil Yadav assaulted him by knife.
4. Learned counsel for the appellants submits that
appellants have been falsely implicated in the instant case by the
informant. It is also submitted that no specific allegation of assault
or abuse is alleged against the appellants though allegation of
assaulting the informant by knife is against Horil Yadav, whose
appeal was withdrawn. It is further submitted that police after
investigation submitted Final Form No.73 of 2022 dated
16.02.2022 exonerating the appellants of the allegation as alleged
in the FIR but then the learned trial court differing with the police
report took cognizance. It is further submitted that when one
investigating agency after threadbare investigation exonerated the
appellants of the allegation as alleged in the FIR, whether it would
be prudent for the Court to send the appellants to jail based on an
order of cognizance which came to be taken based on the same
police report exonerating the appellants of the allegation as alleged
in the FIR.
Patna High Court CR. APP (SJ) No.5151 of 2024(8) dt.13-07-2026
3/3
5. Learned Special Public Prosecutor and the learned
counsel appearing on behalf of the informant opposes the appeal
but then are not in a position to rebut the submission of the learned
counsel appearing on behalf of the appellants that police after
investigation submitted final form exonerating the appellants of
the allegation as alleged in the FIR.
6. After hearing the learned counsel for the parties, the
Court was inclined to grant the anticipatory bail to the appellants
but since cognizance has been taken, as such, the appeal is
disposed of with a direction to the appellants to surrender before
the learned trial court on 03.08.2026, it is made clear that if the
appellants surrender before the learned trial court on 03.08.2026,
in that event, the learned trial court shall consider and dispose of
the case on the same day, keeping in mind the fact that police after
investigation submitted final form exonerating the appellants of
the allegation as alleged in the FIR and the observations of this
court, as recorded, hereinabove.
7. Accordingly, the appeal stands disposed of.
(Satyavrat Verma, J)
amit/-
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