Patna High Court
Anter Devi @ Antari DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The High Court dismissed the appeals challenging the denial of anticipatory bail (Nos. 1054 & 975) but set aside the same order in Appeal No. 995, granting bail to the appellants.
Summary
The appellants, including Ganauri Mahto and his sons, were charged under several IPC sections and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for allegedly assaulting and causing the death of an informant's father while using caste-based slurs. They applied for anticipatory bail, which was rejected by the trial court on 24‑01‑2024. Appeals were filed: Criminal Appeals (SJ) Nos. 1054 and 975 sought to set aside that rejection, while Appeal No. 995 challenged the same order on the ground that the allegations under the SC/ST Act were vague and that the accused were women of clean antecedent. The Patna High Court dismissed the first two appeals, upholding the trial court’s denial of anticipatory bail, but allowed the third appeal, setting aside the earlier order and granting bail on a bond of Rs 10,000 with two sureties. The court emphasized the lack of specific overt acts alleged against the co‑accused and the clean antecedent of the appellants in the third appeal.
Issues considered
- Whether the trial court erred in rejecting anticipatory bail for the accused under the IPC and SC/ST Act.
- Whether the allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are sufficiently specific to sustain a charge.
- Whether the nature of the alleged assault justifies denial of bail in view of the accused's antecedents.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 323, 341, 448, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(va), 3(i)(r)(s)
Subjects
- anticipatory bail
- SC/ST Act
- caste based violence
- IPC offences
- bail jurisdiction
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1054 of 2024
Arising Out of PS. Case No.-200 Year-2023 Thana- HULASGANJ District- Jehanabad
======================================================
Ganauri Mahto Son of Late Gahan Mahto R/o Village- Dhawalbigha, P.S.-
Hulasganj in the District of Jehanabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Dhanmanti Devi Wife of Babulal Chaudhary R/o Village- Harbaspur, P.S.-
Islampur in the district of Nalanda. At present resident of her Maike Village-
Dhawal Bigha, P.S.- Hulasganj in the district of Jehanabad
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 975 of 2024
Arising Out of PS. Case No.-200 Year-2023 Thana- HULASGANJ District- Jehanabad
======================================================
1. Ramu Kumar Son of Ganauri Mahto R/o Village- Dhawalbigha, P.S.-
Hulasganj in the district of Jehanabad
2. Pankaj Kumar Son of Ganauri Mahto R/o Village- Dhawalbigha, P.S.-
Hulasganj in the district of Jehanabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Dhanmanti Devi W/o Babulal Chaudhary R/o Village- Harbaspur, P.S.-
Islampur in the district of Nalanda. At present resident of her Maike Village-
m Dhawal Bigha, P.S.- Hulasganj in the district of Jehanabad
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 995 of 2024
Arising Out of PS. Case No.-200 Year-2023 Thana- HULASGANJ District- Jehanabad
======================================================
1. Anter Devi @ Antari Devi W/o Ganauri Mahto R/o vill - Dhawal Bigha, P.S.
- Hulasganj, Distt. - Jehanabad
2. Sangeeta Devi @ Sangita Kumari W/o Pankaj Mahto R/o vill - Dhawal
Bigha, P.S. - Hulasganj, Distt. - Jehanabad
3. Rubi Devi W/o Ramu Mahto R/o vill - Dhawal Bigha, P.S. - Hulasganj,
Distt. - Jehanabad
... ... Appellant/s
Versus
1. The State of Bihar
2. Dhanmanti Devi W/o Babulal Chaudhary R/o vill - Harbaspur, P.s. -
Patna High Court CR. APP (SJ) No.1054 of 2024(4) dt.29-01-2026
2/4
Islampur, Distt. - Nalanda. At present R/o Maike Vill - Dhawal Bigha, P.s. -
Hulasganj, Dist. - Jehanabad
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 1054 of 2024)
For the Appellant/s : Mr.Sunil Kumar
For the Respondent/s : Mr.Usha Kumari 1
(In CRIMINAL APPEAL (SJ) No. 975 of 2024)
For the Appellant/s : Mr.Sunil Kumar
For the Respondent/s : Mr.Usha Kumari 1
(In CRIMINAL APPEAL (SJ) No. 995 of 2024)
For the Appellant/s : Mr.Sunil Kumar
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 29-01-2026 Heard learned counsel for the appellants and the State.
2. These appeals have been filed for setting aside order
dated 24.01.2024 passed in a case registered for the offence
punishable under Sections 147, 148, 149, 341, 323, 448,, 302,
504, 506 of the IPC and Sections 3(i)(r)(s) and 3 (2) (va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act 1989, whereby the prayer for anticipatory bail of
the appellants have been rejected.
Re.-Cr. Appeal (SJ) No.1054 of 2024 & Cr. Appeal
(SJ) No. 975 of 2024
3. As per F.I.R., this appellant and other two named
accused abused by caste name and assaulted father of informant
and threw him down from the roof due to which father of
informant died on spot.
4. Considering the aforesaid facts, nature of accusation
Patna High Court CR. APP (SJ) No.1054 of 2024(4) dt.29-01-2026
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and other circumstances of the case, I do not find any reason to
interfere with the impugned order, accordingly these appeals are
dismissed.
Cr. Appeal (SJ) No. 995 of 2024
5. As per F.I.R., specific allegation of assault is against
co-accused Ganauri Mahto, Pankaj Kumar and Ramu Kumar.
6. Learned counsel for the appellants submits that
allegation of assault is general and omnibus against these
appellants and no specific overt act has been alleged against
them. Insult cause to the informant did not take place within
public view, as such, no case under SC/ST Act is made out.
Appellants are ladies and claim clean antecedent.
7. Learned Spl. Public Prosecutor for the State and
learned counsel for the respondent no. 2 vehemently opposed the
appeal.
8. However, considering the aforesaid facts and
circumstances and clean antecedent, the impugned order dated
24.01.2024 is, hereby, set aside and this criminal appeal is
allowed.
9. Let the appellants, 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 learned
Patna High Court CR. APP (SJ) No.1054 of 2024(4) dt.29-01-2026
4/4
1st ADJ, Jehanabad, in connection with Hulasganj P.S. Case No.
200 of 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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