Patna High Court – Orders
Reena Devi vs The State Of Bihar on 29 July, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2512 of 2024
Arising Out of PS. Case No.-103 Year-2024 Thana- PIRBAHOR District- Patna
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1. Reena Devi W/o Tinku @ Vinod Roy R/o Mohalla-Bakarganj, Bajaja Gali,
P.s.-Pirbahore, District-Patna
2. Nandani @ Puja Kumari @ Puja Devi D/o Manoj Ray @ Manoj Kumar R/o
Mohalla-Bakarganj, Bajaja Gali, P.s.-Pirbahore, District-Patna
3. Muskan Kumari D/o Manoj Ray @ Manoj Kumar R/o Mohalla-Bakarganj,
Bajaja Gali, P.s.-Pirbahore, District-Patna
4. Manoj Ray@ Manoj Kumar S/o Late Bibhuti Roy R/o Mohalla-Bakarganj,
Bajaja Gali, P.s.-Pirbahore, District-Patna
5. Savita Devi W/o Manoj Ray@ Manoj Kumar R/o Mohalla-Bakarganj,
Bajaja Gali, P.s.-Pirbahore, District-Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Jyoti Devi W/O chandan Paswan R/O Bakarganj, Purani Gali, P.O.
Bankipur, P.S. Birbahore, Distt-Patna
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Raj Krishna Jha, Advocate
For the State : Mrs. Usha Kumari 1, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 29-07-2025
Heard Mr. Raj Krishna Jha, learned counsel for the
appellants and Mrs. Usha Kumari 1, learned Special Public
Prosecutor for the State.
2. Learned Spl.P.P. has informed this Court that she has
informed Respondent No. 2 through phone and through the police
station, but no one appears on behalf of Respondent No. 2.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for anticipatory bail by order dated
01.05.2024 passed by the learned Exclusive Special Judge SC/ST
Patna High Court CR. APP (SJ) No.2512 of 2024(5) dt.29-07-2025
2/4
Act, Patna in ABP No. 1536 of 2024 in connection with Pirbahore
P.S. Case No. 103 of 2024, F.I.R. dated 21.02.2024 registered
under Sections 147, 341, 342, 354B, 379, 447, 504, 506 of the
Indian Penal Code and Sections 3(i)(r), 3(1)(s), 3(2) (va) of the
Scheduled Castes and Scheduled Tribes Act.
4. According to the prosecution case, all the accused
persons including these appellants are said to have abused and
assaulted the informant and also threatened for rape to her and her
daughter. It is further alleged that some accused persons also took
out her golden chain.
5. Learned counsel for the appellants submits that
appellants are innocent and they have falsely been implicated in
the present case. He further submits that the allegation as alleged
in the F.I.R. is false and fabricated and the appellants have not
committed any offences as alleged in the F.I.R. He further submits
that from a bare perusal of the FIR, it appears that the present
occurrence has taken place in the house of the informant which is
not a public place, so no case is made out under SC/ST Act against
the appellants and there is case and counter case between the
parties. It is further submitted that due to some petty dispute, the
present occurrence has taken place.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants and
Patna High Court CR. APP (SJ) No.2512 of 2024(5) dt.29-07-2025
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submits that the appellants are named in the F.I.R and they have
abused the family members of the respondent no. 2 and apart from
that the appellants carry six more cases other than the present one
but fairly submits on the basis of supplementary affidavit that out
of six cases, the appellants are on bail in five cases.
7. After hearing the parties, in my view for the purpose
of this anticipatory bail, no offence under the provisions of
Scheduled Castes and Scheduled Tribes Act is made out.
8. Considering the facts and circumstances of the case,
the present occurrence has taken place due to some petty dispute
and the present occurrence has taken place in the house of the
informant so, no case is made out under the SC/ST Act against the
appellants, let the appellants, above named, in the event of their
arrest to surrender before the Court below within a period of thirty
days from the date of receipt of the order, be released on
anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two surities of the like amount each to the
satisfaction of learned Exclusive Special Judge SC/ST Act, Patna
in connection with Pirbahore P.S. Case No. 103 of 2024, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita, 2023 and with other following conditions:-
i. Appellants shall co-operate in the trial and shall be
Patna High Court CR. APP (SJ) No.2512 of 2024(5) dt.29-07-2025
4/4properly represented on each and every date fixed by the court and
shall remain physically present as directed by the court and on
their absence on two consecutive dates without sufficient reason,
their bail bond shall be cancelled by the Court below.
ii. If the appellants tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the appellants and in case at any
stage it is found that the appellants have concealed their criminal
antecedent, the court below shall take step for cancellation of bail
bond of the appellants. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
9. Accordingly, the impugned order is set aside and this
appeal stands allowed.
(Rajesh Kumar Verma, J)
priyanka/-
U T
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