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2024 DAILYLAW 2127 (PAT)

Sabita Kumari, Bhumiharin @ Kumari Sweta v. The State Of Bihar

CR. APP (SJ)/2510/2024 · 2026-07-02

Prabhat Kumar Singh

Criminal Appealbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2510 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- KHIJARSARAI District- Gaya ====================================================== Sabita Kumari, Bhumiharin @ Kumari Sweta Wife of Manish Kumar @ Manish Kumar Bhumihar R/O Makhdumpur, P.S.- Khizarsarai, Dist.- Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Golden Das Son of Late Nandlal Das R/O Ward no. 3, Navi Nagar, P.S.- Navi Nagar, Dist.- Aurangabad ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Saroj Kumar Choudhary, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 7 02-07-2026 Despite valid service of notice, none appears on behalf of the respondent no. 2. 2. Heard learned counsel for the appellant and the State. 3. This appeal has been filed against the order dated 06.05.2024 passed by learned Exclusive Special Judge, SC/ST, Gaya in ABP No. 140 of 2024 arising out of Khizarsarai P.S. Case No. 108 of 2024, registered under Section 295(A) of the Indian Penal Code, Sections 3(1)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 66(a)(f) of the Information Technology Act, whereby the prayer for anticipatory bail of appellant has been rejected. Patna High Court CR. APP (SJ) No.2510 of 2024(7) dt.02-07-2026 2/3 4. As per prosecution case, appellant is Editor of YouTube/ News Channel Bihar Today News who used words ‘Harijan, Harijan Act’ on her channel which hurt the sentiments of the SC/ST community. 5. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. Name of the appellant has been given as Sabita Kumari, Bhumiharin which is incorrect as name of the appellant is Kumari Sweta. It is further submitted that the words ‘Harijan, Harijan Act’ were used by her in context of explaining and she did not mean to hurt sentiments of any community as such, no case under SC/ST Act is made out against her. Appellant claims clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. Considering the aforesaid facts, let the appellant, as named above, in the event of her arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Khizarsarai P.S. Case No. 108 of 2024. 8. Accordingly, this criminal appeal is allowed and Patna High Court CR. APP (SJ) No.2510 of 2024(7) dt.02-07-2026 3/3 impugned order dated 06.05.2024 is set aside with respect to this appellant only. Navya/- (Prabhat Kumar Singh, J) U T