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Patna High Court

Sakuntla Devi @ Shakunti DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the lower court’s refusal and allowed anticipatory bail to the appellant.

Summary

Sakuntla Devi, a Scheduled Caste woman, appealed against the refusal of anticipatory bail in a case where she was charged under several IPC sections and the SC/ST (Prevention of Atrocities) Act for allegedly abusing and snatching the mobile of an Assistant Settlement Officer. She contended that the FIR did not explain why she visited the officer’s office, that the mobile was later returned, and that the allegations were false, arising from a land settlement dispute. The Special Public Prosecutor opposed bail but could not refute the appellant’s claim that the FIR lacked sufficient particulars. The High Court, considering these submissions, set aside the lower court’s order and granted anticipatory bail subject to a bail bond and sureties under Section 438(2) of the CrPC. Consequently, the appeal was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under the SC/ST (Prevention of Atrocities) Act and IPC offences.
  • Whether the FIR discloses sufficient material to justify denial of bail.
  • Whether the alleged caste-based abuse and mobile snatching constitute an offence warranting denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste atrocity
  • false implication
  • mobile snatching
  • IPC offences
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5554 of 2024
                      Arising Out of PS. Case No.-24 Year-2024 Thana- CHANAN District- Lakhisarai
                 ======================================================
                 Sakuntla Devi @ Shakunti Devi W/o - Ramotar Yadav Village- Mahuliya Ps-
                 Chanan Dist- Lakhisarai

                                                                                   ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Sri Rajkamal, Assistant Settlement Officer cum Shivir Prabhari at Panchayat
                 Bhawan Kundar Kundar Ps- Chanan Dist- Lakhisarai

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Umesh Prasad
                 For the Respondent/s    :        Mr. Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   03-02-2026                  1. Heard learned counsel for the appellant, the learned

                   Special P.P. Mr. Binay Krishna 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 14.11.2024 in A.B.A. No. 835/2024 passed by the

                   learned District and Additional Sessions Judge-I-cum-Special

                   Judge, SC/ST Act, Lakhisarai, in connection with Chanan P.S.

                   Case No.24/2024, registered under Sections 323, 353, 504, 506,

                   379 of the Indian Penal Code as well as Sections 3(1)(r)(s), 3(2)
Patna High Court CR. APP (SJ) No.5554 of 2024(5) dt.03-02-2026
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          (va) of the SC/ST Act.

                       3. Learned counsel for the appellant submits that the

          appellant has antecedent of one case and is a woman and the

          informant alleges that he is Assistant Settlement Officer-cum-

          Shiwir Prabhari at Panchayat Bhawan and the appellant came

          and abused him by taking caste name and also snatched his

          mobile.

                       4. Learned counsel for the appellant submits that

          appellant has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, the same does not inspire

          confidence for the reason that the FIR does not disclose that as

          to why the appellant had come to the office of the informant. It

          is next submitted that appellant had gone to the office of the

          informant for getting a government land settled in her favour but

          then a dispute arose and the appellant also instituted a case

          against the informant being Chanan P.S. Case No.23 dated

          06.03.2024. It is submitted that from perusal of the FIR

          instituted by the appellant, it would manifest that she alleges

          that on 05.03.2024, she had gone to the office for getting a land

          settled in her favour on advise of Dularchand and Suchit, who

          had informed her that an amount of Rs.20,000/- is required for
Patna High Court CR. APP (SJ) No.5554 of 2024(5) dt.03-02-2026
                                             3/4




          getting the job done but then the present informant acted

          inappropriately with her. It is also submitted that no doubt the

          informant had snatched the mobile of the informant but then the

          same was returned to the police, as such, appellant had no

          intention of committing theft rather out of anger, the act was

          committed.

                       5. Learned Special Public Prosecutor Mr. Binay

          Krishna and the learned counsel appearing on behalf of the

          informant opposes the prayer for anticipatory bail of the

          appellant but then are not in a position to rebut the submission

          of the learned counsel appearing on behalf of the appellant that

          the FIR instituted by the informant does not disclose that as to

          why the appellant had come to the office of the informant and

          that the mobile was returned to the police.

                       6. At this stage, the learned counsel for the informant

          submits that police after investigation submitted charge sheet

          but then cognizance till date has not been taken.

                       7. Considering the submission of the learned counsel

          for the appellant, the order impugned is set aside. Let the

          appellant, above named, in the event of her arrest or surrender

          before the learned Court below within a period of six weeks

          from the date of receipt of the order, be released on anticipatory
             Patna High Court CR. APP (SJ) No.5554 of 2024(5) dt.03-02-2026
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                       bail on furnishing bail bond of Rs.5,000/- (rupees five thousand)

                       with two sureties of the like amount each to the satisfaction of

                       the learned court below where the case is pending in connection

                       with the aforesaid case, subject to the conditions as laid down

                       under Section 438(2) of the Code of Criminal Procedure.

                                    8. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T


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