IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.335 of 2026 Arising Out of PS. Case No.-17 Year-2025 Thana- SC/ST District- Saharsa ====================================================== 1. Suchita Devi W/o Kangresh Sharma R/o Village - Sirwar Punarwas ( Sirbarpurnawas), P.S - Mahishi, District - Saharsa 2. Satya Devi W/o Maheshwari Sharma R/o Village - Sirwar Punarwas ( Sirbarpurnawas), P.S - Mahishi, District - Saharsa 3. Khushbu Devi D/o Maheshwari Sharma R/o Village - Sirwar Punarwas ( Sirbarpurnawas), P.S - Mahishi, District - Saharsa ... ... Appellant/s Versus 1. The State of Bihar 2. Kanchan Devi W/o Shyam Ram R/o Village - Sirwar Purnawas, P.S - Mahishi, District - Saharsa ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Amarnath Jha, Advocate For the Respondent/s : Mr. Binay Krishna, Special PP For the Informant : Mr. Munish Kumar, Advocate : Mr. Minakshi Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 06-07-2026 1. Heard learned counsel for the appellants, learned Special P.P. for the State, Mr. Binay Krishna and the learned counsel appearing on behalf of the informant. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 17.12.2025 in A.B.P. No. 1138 of 2025 passed by the learned Special Judge S.C./S.T. (POA) Act, Saharsa in connection with Saharsa SC/ST P.S. Case No. 17 of 2025 registered for the offences punishable under Sections 329(3), Patna High Court CR. APP (SJ) No.335 of 2026(3) dt.06-07-2026 2/3 329(4), 126(2), 115(2), 303(2), 74, 352, 351(2) and 3(5) of the BNS as well as Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) and 3(2)(va) of the SC/ST Act. 3. Learned counsel for the appellants submits that appellants are persons with clean antecedent and are women and the informant alleges that on 16.03.2025 at 08:00 AM, the accused persons including the appellants came to her house and started abusing, on objection, Maheshwari Sharma gave orders to assault, thereafter appellants abused her by caste name and addressed her as a witch and assaulted her, thereafter, other accused persons took away Rs. 10,000/- along with chain and Maheshwari Sharma acted inappropriately, thereafter a Panchayat was called on 17.03.2025, but accused persons did not appear. 4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is next submitted that entire occurrence took place at the house of the informant, thus, was not in public view. It is further submitted that the date of occurrence is 16.03.2025 and the FIR came to be instituted on 24.03.2025 i.e. after a delay of more than seven days, which casts an aspersion on the case of the prosecution. It is also submitted that even allegation of Patna High Court CR. APP (SJ) No.335 of 2026(3) dt.06-07-2026 3/3 abuse and assault is general and omnibus in nature. 5. Learned Special P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the appeal. 6. Considering the submissions made by the learned counsel for the appellants and taking into consideration the fact that appellants are women, the order dated 17.12.2025 in A.B.P. No. 1138 of 2025 passed by the learned Special Judge S.C./S.T. (POA) Act, Saharsa is hereby set aside and the appellants above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Saharsa SC/ST P.S. Case No. 17 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the appeal stands allowed. Rishabh/- (Satyavrat Verma, J) U T