Baby Devi @ Bhuna Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2779 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== 1.
Baby Devi @ Bhuna Devi W/o Devendra Singh R/o vill- Risaudh, P.S.- Belaganj, District- Gaya 2.
Priyanka Kumari W/o Vikash Kumar Singh R/o vill - Sahari, P.S. - Barh, Distt.- Patna ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Kanchan Devi W/o Manish Kumar R/o vill - Risaudh, P.S.- Belaganj, Distt.- Gaya ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Manoj Kumar Singh, Adv Mr. Ashutosh Kumar Singh, Adv Mr. Prabhat Kumar, Adv For the Respondent/s :
Mr.Sadanand Paswan, Spl. PP Ms. Rabia Gulnaz ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2026 1.
Heard learned counsel for the appellants, learned Spl. P.P. for the State, Sri Sadanand Paswan 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 20-5-2025 in A.B.P. No. 123 of 2025 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Gaya in connection with Belaganj P.S. Case No. 78 of 2025 registered
2/4 for the offences punishable under Sections 126(2), 115(2), 303(2), 74, 352, 351(2) and 3(5) as well as Sections 3(1)(r), 3(1) (s) of the SC/ST Act.
3.
Learned counsel for the appellants submits that the appellants are persons with clean antecedent and are women and the informant alleges that her husband lives in Bangluru and she stayed with her children alone in the villager, further on 27-122024 at 11 am, Priyanka entered her house and snatched her mobile and abused and thereafter dragged her to the house of her maternal uncle Dharmendar and clicked photograph of her jewellery from the mobile of informant and transferred the same in her own mobile and thereafter alleged that the informant of committing theft and assault and also got her humiliated by her family members and even her family members assaulted her, further Priyanka and Lalu snatched her chain and Rs. 5,000/-, further Dharmendar also assaulted and abused by taking caste name, next alleges that if CCTV of her neighbours is investigated, the occurrence will come to the fore. 4.
Learned counsel for the appellants submits that the appellants have been falsely implicated in the instant case by the informant. It is next submitted that the allegation as alleged in the FIR does not inspire confidence. It is further submitted that
3/4 informant had entered into an agreement for sale for selling her land with Devendra Singh (husband of appellant no. 1) and took the consideration amount, but it transpires that the land has already been sold to one Ribha, hence Dharmendra demanded his money back and threatened that if the money is not returned, he will institute a criminal case, on which the informant issued a cheque of Rs. 5 lakh 10 thousand which on presentation for encashment bounced. It is thus submitted that it was informant who duped the side of the appellants and when an altercation took place after bouncing of the cheque, the instant false case came to be instituted.
5.
Learned Spl. P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the appellants, but then the learned counsel appearing on behalf of the informant is not in a position to rebut the submission of the learned counsel appearing on behalf of the appellants that an agreement for sale was entered in between the informant and Devendra Singh, the said agreement failed as informant had already sold the land to Ribha and issued a cheque in lieu thereof which on presentation for encashment bounced.
6.
Considering the aforesaid facts, let the appellants
4/4 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 with the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS. 7.
Accordingly, the impugned order with respect to the appellants is set aside and the appeal stands allowed. (Satyavrat Verma, J) Sumit/- U T