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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4569 of 2025 Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada ====================================================== Gayatri Devi W/o Pramod Manjhi R/o vill - Panchugadh, Mushari, P.S.- Hisua, Distt.- Nawada ... ... Appellant/s Versus
1. The State of Bihar
2. Samudri Devi W/o Late Gaya Manjhi R/o vill - Panchugadh, Mushari, P.S.- Hisua, Distt.- Nawada ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 4579 of 2025 Arising Out of PS. Case No.-507 Year-2025 Thana- HISUWA District- Nawada ====================================================== Nibha Devi @ Nibha Kumari W/o Shiv Manjhi @ Shiva Manjhi R/o Village- Pachugadh, P.S.- Hisua, Distt. - Nawada ... ... Appellant/s Versus
1. The State of Bihar
2. Samudri Devi W/o Late Gaya Manjhi R/o vill - Panchugadh, Mushari, P.S - Hisua, Distt.- Nawada ... ... Respondent/s ====================================================== Appearance :
(In CRIMINAL APPEAL (SJ) No. 4569 of 2025) For the Appellant/s : Mr. Sheo Nandan Prasad, Advocate Mr. Rajnish Kumar, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl.P.P.
(In CRIMINAL APPEAL (SJ) No. 4579 of 2025) 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 5 26-03-2026 Heard learned counsel for the appellants and learned Spl. P.P. for the State.
2. This is an appeal under Scheduled Castes and
Patna High Court CR. APP (SJ) No.4569 of 2025(5) dt.26-03-2026 2/3 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 SC/ST Act.
3. The case of the complainant, in short, is that the appellants 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 appellants submits that appellants are innocent and have 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 appellants have transpired on the basis of confessional statement of co-accused Mohan Manjhi.
Learned counsel for the appellant further submits that the appellants have not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST
Patna High Court CR. APP (SJ) No.4569 of 2025(5) dt.26-03-2026 3/3 Act is made out against them. The appellants have no intention to disgrace the image of the informant in public view. There is no specific allegation of assault against the appellants. The appellants are ladies and they are in custody since 28.08.2025 having no criminal antecedents.
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, 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 appellants above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each of them 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.
durgesh/- (Ashok Kumar Pandey, J) U T