Chhangoori @ Chhangoori Bishwas @ Chhangoori Vishwas @ Guru v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.740 of 2025 Arising Out of PS. Case No.-80 Year-2024 Thana- SC/ST District- Purnia ====================================================== 1.
Chhangoori @ Chhangoori Bishwas @ Chhangoori Vishwas @ Guru Son of Harilal Bishwas @ Harilal Vishwas Resident of village- Sakma PS -Amour District- Purnea 2.
Lalita Devi Wife of Kamlesh Vishwas @ Kamleshwar Vishwas Resident of village- Sakma PS -Amour District- Purnea 3.
Rupesh Kumar @ Rupesh Vishwas Son of Dantul Vishwas Resident of village- Sakma PS -Amour District- Purnea 4.
Dulan Devi Wife of Dantul Vishwas Resident of village- Sakma PS -Amour District- Purnea 5.
Latta Vishwas @ Mithilesh Kumar son of Ramtu Vishwas Resident of village- Sakma PS -Amour District- Purnea 6.
Ramesh Vishwas @ Ramesh Bishwas @ Ramesh Bishwash Son of Bikku Vishwas Resident of village- Sakma PS -Amour District- Purnea 7.
Pinku Kumar @ Pinku Vishwas son of Munna Vishwas Resident of villageSakma PS -Amour District- Purnea ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Sukri Devi Wife of Sanjay Kumar Resident of village- Sakma PS -Amour District- Purnea ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Ms. Rinki Kumari, Advocate Mr. Md Fazle Karim, Advocate For the State :
Mr. Sadanand Paswan, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-11-2025 Heard Ms. Rinki Kumari, learned counsel for the appellants assisted by Md. Fazle Karim and learned Special P.P. for the State.
2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of
2/4 Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 22.01.2025, passed by learned Special Judge, SC/ST Act, Purnea in connection with SC/ST P.S. Case No.80 of 2024, registered under Sections 126(2), 115(2), 118(1), 74, 333, 351(2), 351(3), 352, 76 and 3(5) of B.N.S., 2023 as well as Sections 3(1)(e), 3(1)(2c), 3(1)(r), 3(1)(s), 3(2)(va) and 3(2)(v) of the SC/ST Act.
3. The learned counsel appearing on behalf of the appellants submits that from perusal of the office report dated 18.11.2025, it would manifest that notice was validly received by respondent no.2 but then the respondent no.2 chooses not to appear and contest. It is next submitted that appellants are persons with clean antecedent and appellants no.1, 2 and 4 are women and the informant alleges that the accused persons including the appellants came to her house and started abusing, further Rupesh Vishwas and Pinku Vishwas dragged by her hair and tore her blouse and abused by taking caste name, thereafter Dulan Devi and Rupa Devi snatched her chain and nose-pin while Ramesh Vishwas, Chhangoori Vishwas and Latta Vishwas assaulted her daughter by fists and tore her blouse, while Ramesh Vishwas started committing wrong, thereafter Dantul
3/4 Vishwas, Dulan Devi, Lalita Devi and Rupa Devi took Rs.20,000/-.
4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant on account of dispute relating to passage. It is further submitted that from perusal of the allegations, as a alleged in the FIR, it would manifest that informant alleges that the accusedappellants came to her house and committed the occurrence. It is also submitted that allegation of assault and abuse is not specific. It is next submitted that even presuming what has been alleged is true without admitting then the entire occurrence took place within the confines of the house of the informant, as such, was not in public view nor the FIR even remotely suggests that the occurrence was witnessed by any independent witness. It is next submitted that entire family members including the women members of the family have been implicated only to coercive the appellants into submission.
5. The learned Special P.P. opposes the appeal.
6. Considering the submissions made by learned counsel for the appellants, let appellants, above named, in the event of their arrest or surrender before the learned Trial Court within a period of six weeks from the date of receipt of the
4/4 order, 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 in connection with SC/ST P.S. Case No.80 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. Accordingly, the impugned order is set aside and this appeal stands allowed.
(Satyavrat Verma, J) Sanjay/- U T