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Patna High Court

MUNNI DEVIversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                          4/4




                       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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