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Patna High Court

BINDU DEVIversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the order rejecting anticipatory bail and granted bail to the appellant.

Summary

The appellant, Bindu Devi, appealed against the order of the Exclusive Special Judge, SC/ST Act, Saran, which had rejected her prayer for anticipatory bail in a case registered under IPC sections 341, 323, 324, 307, 379, 504/34 and Sections 3(i), (r), (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The prosecution alleged that the appellant, along with others, committed assault and used caste-based abusive language, and also snatched silver jewellery from the informant. The appellant contended that the FIR contains only vague, omnibus allegations, no specific overt act of caste abuse, and that the alleged injury was simple, asserting a clean antecedent. The Special Public Prosecutor opposed the bail. The Patna High Court, after considering the lack of specific allegations under the SC/ST Act and the appellant’s clean record, set aside the lower court’s order, allowed the appeal, and granted anticipatory bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the appellant is liable under the SC/ST Act given the alleged lack of specific caste-based abusive conduct.
  • Whether the anticipatory bail petition should be granted in view of the nature of the alleged offences and the appellant’s antecedents.
  • Whether the lower court erred in rejecting the anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • caste-based offence
  • IPC offences
  • criminal appeal
  • bail bond
  • clean antecedent
  • scheduled castes
  • scheduled tribes

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.776 of 2024
                         Arising Out of PS. Case No.-50 Year-2023 Thana- EKMA District- Saran
                 ======================================================
                 BINDU DEVI W/O CHANDAN YADAV R/O VILLAGE- RITH KE TOLA,
                 P.S- EKMA, DISTT.- SARAN (CHAPRA).


                                                                                   ... ... Appellant/s
                                                       Versus

           1.    THE STATE OF BIHAR
           2.    MAMTA KUMARI D/O LATE LALAN SAH R/O VILLAGE- RITH KE
                 TOLA, P.S- EKMA, DISTT.- SARAN (CHAPRA).


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Brij Kishor Mishra, Advocate
                 For the Respondent/s    :       Mrs. Usha Kumari 1, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   29-01-2026                  Despite valid service of notice, no one appears on

                   behalf of the respondent no. 2.

                               2. Heard learned counsel for the appellant and learned

                   Special P.P. for of the State.

                               3. This appeal has been filed against the order dated

                   14.12.2023 passed by learned Exclusive Special Judge, SC/ST

                   Act, Saran at Chapra in connection with Ekma P.S. Case No. 50

                   of 2023, registered under Sections 341, 323, 324, 307, 379,

                   504/34 of the IPC and Sections 3(i)(r)(s) of Scheduled Castes

                   and Scheduled Tribes (Prevention of Atrocities) Act (for short

                   “SC/ST Act”), whereby the prayer for anticipatory                        bail of
Patna High Court CR. APP (SJ) No.776 of 2024(4) dt.29-01-2026
                                             2/3




          appellant has been rejected.

                       4. As per prosecution case, it is alleged that this

          appellant along with other accused persons committed mar-pit

          with the informant and abused taking caste name.

                       5. Learned counsel for the appellant submits that there

          is general and omnibus allegation levelled against the appellant.

          No specific allegation of overt act has been attributed to the

          appellant. From perusal of F.I.R., it is apparent that there is no

          allegation of abuse taking caste name, hence, no case of SC/ST

          Act is made out against the appellant. Appellant is only alleged

          to be order giver and is also alleged to have snatched silver

          jewellery from the informant which is superficial in nature.

          Doctor has found injuries to be simple in nature. Appellant

          claims clean antecedent.

                       6. Learned Spl. Public Prosecutor for the State

          opposed the appeal of the appellant.

                       7. However, considering the aforesaid facts and

          circumstances and clean antecedent, the impugned order dated

          14.12.2023 is, hereby, set aside and this criminal appeal is

          allowed.

                       8. Let the appellant, as named above, be released on

          bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with

          two sureties of the like amount each to the satisfaction of
            Patna High Court CR. APP (SJ) No.776 of 2024(4) dt.29-01-2026
                                                         3/3




                      learned Exclusive Special Judge, SC/ST Act, Saran at Chapra, in

                      connection with Ekma P.S. Case No. 50 of 2023.



                                             (Prabhat Kumar Singh, J)
khushbu/-

U      T


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