Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4609 of 2025 Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada ====================================================== Champa Devi W/o Sri Shivbalak Manjhi R/o Vill.- Panchu Garh Mushahari, P.S.- Hisua, Dist.- Nawadah ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Smt Samundari Devi Wife of Late Gaya Manjhi R/O Vill Panchu Garh , Mushahari , P.S Hisua, Dist Nawada.

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

For the Appellant/s :

Mr.Maruth Nath Roy, Advocate For the Respondent/s :

Ms.Usha Kumari 1, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. Perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 23.09.2025 passed by Exclusive Special Judge, Special Court, SC/ST Act, Nawada, whereby the prayer for bail of the appellant in connection with B.P.No. 1410 of 2025, arising out of Hisua P.S. Case No. 507 of 2025, under Sections 191(2), 190, 103(1), 103(2), 115(2), 109 of the Bharatiya Nyaya Sanhita, 2023, u/s 3 and 4 of the Bihar Dian Act, 1999 and u/s 3(1)(r)(s), 3(2)(v) of SC/ST Act, was rejected.

3. Prosecution case, in short, is that appellant along with other co-accused persons have murdered the husband of

Patna High Court CR. APP (SJ) No.4609 of 2025(4) dt.12-02-2026 2/3 informant and they also decided to burn informant Samudri Devi with deceased Gaya Manjhi.

4. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case due to dirty village politics. Charge-sheet has been submitted in this case. No specific allegation is against the appellant. The name of the appellant has transpired on the basis of confessional statement of co-accused Mohan Manjhi. Learned counsel for the appellant further submits that the appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against her. The appellant has no intention to disgrace the image of the informant in public view. There is no specific allegation of assault against the appellant. The appellant is a lady and she is in custody since 28.08.2025 and has no criminal antecedent.

5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 23.09.2025 passed by Exclusive Special Judge, Special Court, SC/ST Act,

Patna High Court CR. APP (SJ) No.4609 of 2025(4) dt.12-02-2026 3/3 Nawada, in connection with B.P.No. 1410 of 2025, arising out of Hisua P.S. Case No. 507 of 2025, is hereby set aside.

7. Let the appellant be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hisua P.S. Case No. 507 of 2025, subject to the following conditions:

(I) One of the bailors shall be the appellant's own or close member.

(II) The appellant shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The appellant shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the appellant.

(Rudra Prakash Mishra, J) manish/- U T