Patna High Court
MUNNI DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court set aside the order rejecting anticipatory bail and granted bail to the appellants.
Summary
The appellants, four individuals, were charged with offences including assault, robbery and caste‑based violence under several sections of the Indian Penal Code and the SC/ST (Prevention of Atrocities) Act. The prosecution alleged that on 14‑11‑2022 they attacked a SC/ST woman and her husband, destroyed household articles and used caste slurs. The appellants filed for anticipatory bail, contending they were innocent, that the allegations were vague and omnibus, and that the case was filed with a retaliatory motive. The High Court observed the general nature of the accusations, the clean antecedents of the appellants and the lack of a public witness, concluding that the lower court had erred in refusing bail. Accordingly, the appeal was allowed, the order dated 02‑11‑2023 was set aside, and bail was ordered on furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether anticipatory bail should be granted to the appellants under the IPC and SC/ST Act given the nature of the allegations.
- Whether the allegations constitute an offence under the SC/ST (Prevention of Atrocities) Act in the absence of a specific overt act and public witness.
- Whether the trial court erred in rejecting the anticipatory bail application.
Legislation cited
- Indian Penal Code — s. 147, 148, 308, 323, 34, 354, 363, 379, 427, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(i), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- Indian Penal Code
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- caste based violence
- bail
- Patna High Court
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5302 of 2023
Arising Out of PS. Case No.-45 Year-2023 Thana- SC/ST District- Nalanda
======================================================
1. MUNNI DEVI WIFE OF RAJESH VISHWAKARMA RESIDENT OF
VILLAGE - CHIHUT, P.S. - PARSA BAZAR, DISTRICT - PATNA
2. RESHMI @ RESHMI DEVI @ RASHMI KUMARI WIFE OF RAKESH
KUMAR SHARMA RESIDENT OF VILLAGE - ANISHABAD, P.S. -
BEUR, DISTRICT - PATNA
3. PRABHAT VISHWAKARMA @ PRABHAT KUMAR SON OF RAJESH
VISHWAKARMA RESIDENT OF VILLAGE - CHIHUT, P.S. - PARSA
BAZAR, DISTRICT - PATNA
4. RAKESH KUMAR SHARMA SON OF SHYAMNANDAN SHARMA
RESIDENT OF MOHALLA - ANISHABAD, P.S. - BEUR, DISTRICT -
PATNA
... ... Appellant/s
Versus
1. The State of Bihar
2. INDU DEVI WIFE OF SITA RAM PASWAN RESIDENT OF
CHANDUARA, P.S. - RAHUI (VENA), DISTRICT - NALANDA
... ... Respondent/s
======================================================
Appearance :
For the Appellants : Mr. Bhola Prasad, Advocate
For the State : Mr. Sadanand Paswan, Spl.PP
For Respondent No. 2 : None
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 19-03-2026 Heard learned counsel appearing for the appellants
and learned Special Public Prosecutor appearing for the
respondent-State.
2. Despite valid service of notice, no body appears on
behalf of the informant/Respondent No. 2.
Patna High Court CR. APP (SJ) No.5302 of 2023(7) dt.19-03-2026
2/4
3. This appeal has been filed for setting aside order
dated 02.11.2023 passed in a case registered for the offence
punishable under Sections 147, 148, 323, 308, 379, 363, 354,
427, 504, 506 and 34 of the Indian Penal Code and Sections 3(1)
(r)(s)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, whereby the prayer for
anticipatory bail of these appellants has been rejected.
4. As per prosecution case, on 14.11.2022, when the
informant/Respondent No. 2 was at her house, in the meantime,
all the F.I.R. named accused persons, including these appellants
along with 2 unknown persons, came there and started
assaulting her and when her husband came to save her, he was
also assaulted and abused by caste based slurs. It is further
alleged that the accused persons also destroyed the house hold
articles and snatched silver chain.
5. It is submitted by learned counsel appearing on
behalf of the appellants that appellants are quite innocent and
have committed no offence. The present case has been lodged
with ulterior motive in retaliation to Beur P.S. Case No. 584 of
2022 which was lodged by one of the co-accused persons for
kidnapping her daughter against son of the informant and others.
Allegation of assault is general and omnibus and no specific
Patna High Court CR. APP (SJ) No.5302 of 2023(7) dt.19-03-2026
3/4
accusation of overt act has been alleged against these appellants.
It is further submitted that it is not the case of the prosecution
that any member of public was present at the place of
occurrence and as such, no case under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act is made out
against these appellants. Appellants claim clean antecedents.
6. Learned Spl. P.P. appearing for the respondent-State
has opposed the prayer for grant of bail to the appellants.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the appellants, this appeal is allowed and the
impugned order dated 02.11.2023 passed by the learned
Additional District and Sessions Judge, Sixth, Biharsharif at
Nalanda in connection with A.B.P. No. 1784 of 2023 arising out
of SC/ST P.S. Case No. 45 of 2023 is hereby set aside with
respect to these appellants only.
8. Accordingly, let the appellants, named above, in the
event of arrest/surrender within a period of eight weeks from the
date of receipt/production of a copy of this order, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Additional District and Sessions Judge, Sixth,
Patna High Court CR. APP (SJ) No.5302 of 2023(7) dt.19-03-2026
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Biharsharif at Nalanda in connection with SC/ST P.S. Case No.
45 of 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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