Priyalata Kumari @ Priya @ Premlata Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.207 of 2026 Arising Out of PS. Case No.-154 Year-2025 Thana- BELCHHI District- Patna ====================================================== 1.
Priyalata Kumari @ Priya @ Premlata Kumari D/o- Ravindra Mahto Resident of village- Belchhi, P.S.-Belchhi, District- Patna 2.
Baby Kumari @ Baby Devi @ Urmila Devi W/o- Shailesh Kumar Resident of village- Jagajanpur, P.S.-Belchhi, District- Patna 3.
Shashi Kiran Devi @ Shashi Devi W/o- Vijay Prasad Resident of villageBakara, P.S.-Bind, District- Nalanda ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Basanti Devi W/o- Madan Paswan Resident of village- Belchhi, P.S.- Belchhi, District- Patna ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Anil Kumar No.1, Adv For the Respondent/s :
Mr. Binay Krishna, Spl. P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 16-04-2026 Heard learned counsel for the appellants and learned Spl. P.P. for the State.
2. This is an appeal under Sections 14(A)(2) against refusal of the prayer for anticipatory bail by order dated 12.12.2025 passed by the learned Court of Exclusive Special Judge, SC/ST Act, Civil Court, (Sadar), Patna in connection with Belchhi P.S. Case No. 154 of 2025 registered under Sections 318(4), 316(2), 352, 351(2), 115(2) of the B.N.S. and Sections 3(i), (r), (S)/3(2)(va) of Schedule Castes and Schedule
2/4 Tribes (prevention of Atrocities) Act.
3. The case of the prosecution, in short, as per the informant is that one Premlata Kumari of village Belchhi, whose husband was posted at the Secretariat and who was residing at Patna, had taken a sum of Rs. 10,00,000/- (Ten Lakh) from her on the pretext of providing a government loan of Rs. 15,00,000/- (Fifteen Lakh) for business purposes. It is further alleged that the said Premlata Kumari along with her sister Baby Kumari also took an additional amount of Rs. 15,00,000/- (Fifteen Lakh) from her in different installments including sums of Rs. 20,000/- (Twenty Thousand) and Rs. 10,000/- (Ten Thousand). After some years, when the informant demanded the loan amount back, the accused persons allegedly blocked her phone, abused her and also threatened to kill her. It is further alleged that they abused her by caste name.
The informant has also stated that she deposited the aforesaid amount in the bank account of the accused persons, photocopies of which have been annexed with the complaint. She further stated that her sister, Shashi Devi of village Bakra, had introduced her to the accused.
4. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in this case due to ulterior motive to usurp the rupees taken by the
3/4 informant. Nothing has happened as alleged in the FIR. There is no any evidence which suggests that petitioners have received any amount from informant. He further submits that the appellants have no criminal antecedent.
5. Learned Special Public Prosecutor for the State has vehemently opposed the prayer for bail of the appellants based upon the allegation made in the F.I.R.
6. From the allegations levelled in the FIR, it appears that there is a monetary dispute between the parties. It also appears that no specific allegation of abuse on caste lines have been alleged against the appellants. The details of abuses are also not mentioned in the FIR. There is also no criminal antecedent of the appellants.
7. Considering all these above-mentioned aspects, 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 each of them bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge, SC/ST Act, Civil Court, (Sadar), Patna in connection with Belchhi P.S. Case No. 154 of 2025, subject to the conditions as laid down
4/4 under Section 438(2) of the Code of Criminal Procedure.
8. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Alok Kumar Sinha, J) kiran/- U