Sharda Devi vs The State Of Bihar on 17 June, 2025

Patna High Court – Orders

Sharda Devi vs The State Of Bihar on 17 June, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5556 of 2023
                     Arising Out of PS. Case No.-206 Year-2023 Thana- FESHAR District- Aurangabad
                 ======================================================
                 Sharda Devi WIFE OF RAJESH SAW RESIDENT OF VILLAGE- PANDEY
                 KHAP, PS- FESAR, DISTT- AURANGABAD
                                                               ... ... Appellant/s
                                              Versus
           1.     The State of Bihar
           2.     NIRANJAN KUMAR SON OF LATE JAGDEO PASWAN RESIDENT OF
                  VILLAGE- PANDEY KHAP, PS- FESAR, DISTT- AURANGABAD
                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Ashok Singh, Advocate
                 For the Respondent/s    :        Mrs. Usha Kumari 1, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   17-06-2025

Heard Mr. Ashok Singh, learned counsel for the

appellant as well as Mrs. Usha Kumari 1, learned Spl.P.P. for the

State.

2. Learned Spl. PP has informed this Court that she

has informed the informant (Respondent No.2) through

Superintendent of Police, Aurangabad on 08.05.2025, despite

that no one appeared 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

28.11.2023 passed by the learned Court of Special

Judge(SC/ST)-cum-1st Additional District & Sessions Judge,

Aurangabad passed in A.B.P No. 2195 of 2023 arising out of

Fesar P.S. Case No. 206 of 2023, F.I.R. dated 14.11.2023
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registered under Sections 147, 148, 149, 341, 323, 325, 307,

302, 504 of the Indian Penal Code and Sections 3(1)(r)(s)/3(2)

(v) SC/ST (POA) of the Scheduled Castes and Scheduled Tribes

Act.

4. According to the prosecution case, the informant

alleged that the appellant along with other accused persons

assaulted the family members of the informant by means of

lathi, danda and iron rod and abused them by caste name.

5. Learned counsel for the appellant submits that

appellant has clean antecedent and she has falsely been

implicated in the present case merely on the ground that she is

the family member of the co-accused persons. It appears from

the FIR that specific allegation of assault is attributed against

co-accused person, namely, Dhananjay Sao that he assaulted the

grand mother of the informant and she died and as far as

appellant is concerned, allegations levelled against her is

general and omnibus that she along with other accused persons

have abused in the name of caste and also pelted stones upon the

family members of the informant.

6. Learned Special Public Prosecutor for the State has

vehemently opposed the prayer for bail of the appellant and

submits that the appellant along with other accused persons
Patna High Court CR. APP (SJ) No.5556 of 2023(3) dt.17-06-2025
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have abused in the name of caste and also pelted stone upon the

informant and his family members.

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 aforesaid facts and circumstances,

appellant has clean antecedent and there is no specific allegation

of assault against the appellant and as far as abusing in the name

of caste is concerned, the same took place in the house of co-

accused, namely, Sanjay Sao which is not a public place, so no

case is made out under SC/ST Act, let the appellant, above

named, in the event of her 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) with two surities of the like

amount each to the satisfaction of learned Court of Special

Judge(SC/ST)-cum-1st Additional District & Sessions Judge,

Aurangabad in connection with Fesar P.S. Case No. 206 of

2023, 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:-

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i. Appellant shall co-operate in the trial and shall be

properly represented on each and every date fixed by the court

and shall remain physically present as directed by the court and

on her absence on two consecutive dates without sufficient

reason, her bail bond shall be cancelled by the Court below.

ii. If the appellant 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 appellant and in case at

any stage it is found that the appellant has concealed her

criminal antecedent, the court below shall take step for

cancellation of bail bond of the appellant. 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)
Suruchi/-

U      T