Malti Devi @ Manti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.421 of 2026 Arising Out of PS. Case No.-104 Year-2025 Thana- RAJPUR District- Rohtas ====================================================== 1.

Malti Devi @ Manti Devi W/O Deomuni Sah Resident of VillageNachaniya, P.S.- Rajpur, Dist.- Rohtas. 2.

Beauty Kumari D/O Anil Sah Resident of Village- Nachaniya, P.S.- Rajpur, Dist.- Rohtas.

3.

Sangita Devi @ Singita Devi W/O Anil Sah Resident of Village- Nachaniya, P.S.- Rajpur, Dist.- Rohtas.

4.

Kunti Devi W/O Shyam Dayal Sah Resident of Village- Nachaniya, P.S.- Rajpur, Dist.- Rohtas.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sri Bhagwan Ram S/O Late Shivdhari Ram Resident of Village- Kashipuri Nachaniya, P.S.- Rajpur, Dist.- Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kamla Kant Pandey For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2026

1. Heard learned counsel for the appellants, learned Special P.P. for the State and the learned counsel appearing on behalf of the informant.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 08.12.2025 passed by the learned Special Court of S.C./S.T. (POA) Act, Sasaram at Rohtas in connection with

2/4 Rajpur P.S. Case No. 104 of 2025 registered for the offences punishable under Sections 191(2), 16(2), 115(2), 118(1), 303(2), 352 and 351(2) of the BNS, 2023 as well as Sections 3(i)(r)(s) and 3(2)(va) of the SC/ST Act.

3. Learned counsel for the appellants submits that appellants are persons with clean antecedent and are women and the informant alleges that on 10.07.2025 at 08:30 PM he was having dinner when accused persons including the appellants started abusing, on objection they came to his house and Pinku, Ganesh and Chhotu assaulted him by rod causing injury on head, thereafter Anil, Deo Muni, Pinku, Dhanesh and Shyam assaulted his son by rod causing injury on head while appellant nos. 1, 3 and 4 assaulted his daughter by brick causing injury on face and teeth and she became unconscious and snatched chain of his daughter.

4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is further submitted that entire occurrence is alleged to have taken place inside the house of the informant, thus, was not in public view. It is also submitted that appellants being women have been implicated only to coerce male members of the family into submission. It is also submitted that

3/4 date of occurrence is 10.07.2025 and the FIR came to be instituted on 12.07.2025 i.e. after a delay of two days which also casts an aspersion on the case of the prosecution. It is next submitted that even allegation of assault against the appellants is not specifc and no specific allegation of assault is alleged against appellant no. 2. It is also submitted that Rajpur P.S. Case No. 103 of 2025 has been instituted from the side of the appellants against the informant and his side, as such, the instant FIR is a counterblast.

5. Learned Special P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the appeal.

6. In view of the submissions made by the learned counsel for the appellants, the order dated 08.12.2025 passed by the learned Special Court of S.C./S.T. (POA) Act, Sasaram at Rohtas in connection with Rajpur P.S. Case No. 104 of 2025, is hereby set aside and the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection

4/4 with Rajpur P.S. Case No. 104 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. Accordingly, the appeal stands allowed.

(Satyavrat Verma, J) Rishabh/- U T