Patna High CourtCR. APP (SJ)/3680/2025allowed

Kiran Devi v. The State Of Bihar

2026-01-22Mr. Justice Ashok Kumar Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3680 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== Kiran Devi W/o Dayanand Singh R/o Village- Raghopur (Pashchmi), Ward No. 3, P.S.- Jurawanpur, District- Vaishali ... ... Appellant/s

Versus

The State of Bihar Bihar 2.

Kalwa Devi W/o Late Lal Bahadur Das R/o Village- Rampur Shopan Chand, Ward No. 13, P.S.- Raghopur, District- Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Alok Kumar Alok, Advocate For the Complainant :

Ms. Shalini, Advocate Md. Khalid Quraishi, Advocate Mr. Santosh Kumar, Advocate Mr. Shubhendu Shekhar, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2026 Heard learned counsel for the appellant, learned counsel for the complainant and learned Spl. P.P. for the State.

2. This is an appeal under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for bail vide order dated 13.08.2025 passed by the learned Exclusive Special Judge, S.C./S.T. (POA) Act, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 203 of 2025 registered for the offences punishable under Sections 140(1) & 3(5) of the Bharatiya Nyaya Sanhita and under Section 3(2)(va) of the SC/ST Act.

2/4

3. The case of the prosecution, in short, is that the husband of the complainant has gone to Block office, Fatehpur, Raghopur for old age pension. As he was not feeling well, he started resting below a tree. Meanwhile a white colour vehicle dashed him while it was being parked from back side.

4. Learned counsel for the appellant submits that the name of the appellant is not there in the FIR. Her name ha surfaced during investigation in Paragraph '32' of the case diary where she has given her confessional statement. In her statement she has stated that the vehicle belong to Chandan and he was driving the vehicle. The accident took place while Chandan was reversing the vehicle. This appellant has further stated in her confessional statement that they have boarded the dead body in the vehicle and have disposed it of somewhere. Learned counsel for the appellant has further submitted that it is clear that the white colour vehicle belong to Chandan who himself was driving the vehicle and only role which has come during investigation of this appellant is that she was involved in disposing/concealing the dead body. Learned counsel for the appellant has further submitted that similarly situated coaccused has been granted privilege of bail by the learned Coordinate Bench vide Cr. Appeal (SJ) No. 3540 of 2025 and the

3/4 case of this petitioner stands on similar footing.

5. Ms. Shalini, learned counsel for the complainant is present and she has vehemently opposed the bail to the appellant and has submitted that the appellant was having knowledge regarding accident and that she has disposed /concealed the dead body as the dead body was not recovered during investigation.

6. It is clear from above discussions that the only role which has come during investigation that too through confessional statement of this appellant is that she was involved in concealing/disposing of the body of the complainant's husband.

7. Learned counsel for the appellant has submitted that save and except the confessional statement, there is nothing against the appellant. Learned counsel for the appellant has lastly submitted that the appellant is a lady having no criminal antecedent and is in judicial custody since 27.07.2025.

8. In view of the submissions made by the learned counsel for the appellant, the order dated 13.08.2025 passed by the learned Exclusive Special Judge, S.C./S.T. (POA) Act, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 203 of 2025 is hereby set aside and the appellant above-named,

4/4 be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Exclusive Special Judge, S.C./S.T. (POA) Act, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 203 of 2025.

9. Accordingly the appeal stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T