Sharda Devi @ Shardha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4773 of 2025 Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada ====================================================== Sharda Devi @ Shardha Devi Wife of Sidheshwar Manjhi @ Shivbalak @ Shiwalak Manjhi Resident of village - Panchugadh Mushari, P.S.- Hisua, District - Nawada ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Samudri Devi Wife of Late Gaya Manjhi Resident of village - Panchugadh Mushari, P.S.- Hisua, District - Nawada ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sheo Nandan Prasad, Advocate, Mr. Rajnish Kumar, Advocate For the Respondent/s :
Ms. Usha Kumari 1, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-03-2026 Heard learned counsel for the appellant 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 23.09.2025 passed by the learned Exclusive Special Judge, Special court, SC/ST Act, Nawada in connection with B.P. No. 1410 of 2025, arising out of Hisua P.S. Case No. 507 of 2025 registered for the offences punishable under Sections 191(2), 190, 103(1), 103(2), 115(2) & 109 of the Bharatiya Nyaya Sanhita, 2023, under Sections 3 and 4 of the Bihar Dian Act and under Sections 3(1)(r)(s), 3(2)(v) of the
Patna High Court CR. APP (SJ) No.4773 of 2025(5) dt.26-03-2026 2/3 SC/ST Act.
3. The case of the complainant, in short, is that the appellant along with other co-accused persons have murdered the husband of informant and they also decided to burn the informant Samudri Devi with deceased Gaya Manjhi.
4. Learned counsel for the appellant submits that 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 having no criminal antecedent.
5. Learned Spl.P.P. for the State has vehemently opposed the prayer for grant of bail to the appellants.
6. In view of the submissions made by the learned counsel for the appellant, the order dated 23.09.2025 passed by the learned Exclusive Special Judge, Special court, SC/ST Act,
Patna High Court CR. APP (SJ) No.4773 of 2025(5) dt.26-03-2026 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 and the appellant above-named, 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 Court, SC/ST Act, Nawada in connection with Hisua P.S. Case No. 507 of 2025.
7. Accordingly the appeal stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T