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2026 DAILYLAW 24727 (PAT)

Gudiya Devi v. The State of Bihar

CR. APP (SJ)/792/2026 · 2026-07-15

Criminal Appealbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.792 of 2026 Arising Out of PS. Case No.-73 Year-2025 Thana- SC/ST District- Nawada ====================================================== 1. Gudiya Devi Son of Jai Prakash Yadav R/o Village - Chhatihar,,P.S. - Atri, District - Gaya. 2. Juli Kumari @ Juli Devi D/o Dipu Yadav R/o Village - Birni, P.S. - Atri, District - Gaya. 3. Sarita Kumari @ Sarita Devi W/o Raj Kumar Yadav R/o Village - Dalepur Beldari, P.S. - Nardiganj, Dist. - Nawada. 4. Bhuli Devi @ Niru Kumari W/o Pankaj Yadav R/o Village - Kathautiya, P.S. - Muffasil, Dist. - Gaya. ... ... Appellant/s Versus 1. The State of Bihar 2. Preeti Kumari D/o Kishore Rajbanshi R/o Village - Dalepur Beldari, P.O. and P.S. - Nardiganj, Dist. - Nawada. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Durgesh Nandan, Adv. For the Respondent/s : Mr. Sadanand Paswan, Spl. PP For the Informant : Mr. Vishwa Ranjan Choudhary, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 15-07-2026 1. Heard learned counsel for the appellants, learned Special P.P., Mr. Sadanand Paswan for the State 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 29.01.2026 in A.B.P. No. 155 of 2026 passed by the learned Exclusive Special Judge S.C./S.T. (POA) Act, Nawada in connection with Nawada SC/ST P.S. Case No. 73 of 2025 registered for the offences punishable under Sections 75, 190, Patna High Court CR. APP (SJ) No.792 of 2026(3) dt.15-07-2026 2/3 191(1), 191(2), 193(3), 352, 126(2), 115(2) and 303(2) of the BNS as well as Sections 3(1)(r), 3(1)(s), 3(2)(V-A) 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 she was at her home when the accused persons including the appellants came and Raj Kumar Yadav was looking for her brother and was saying that he will be killed and was abusing and when informant objected, Raj Kumar gave orders to act inappropriately with her, thereafter his son Ajay tried to catch her, but then the informant fled on her terrace thereafter Ajay came and dashed her on the ground and assaulted by lathi and even tried to commit rape, further Sarita and Gudiya snatched chain of her mother apart from other allegations as alleged in the FIR. 4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant since minor daughter of appellant no. 3 was kidnapped by the brother of the informant for which Nardiganj PS Case No. 186 of 2025 was instituted by her husband. It is further submitted that Raj Kumar Yadav along with three others had approached this Court seeking anticipatory bail by filing Patna High Court CR. APP (SJ) No.792 of 2026(3) dt.15-07-2026 3/3 Criminal Appeal (SJ) No. 795 of 2026 and the same came to be allowed by an order dated 15.07.2026, as such, the appellants seeks bail based on parity. 5. Learned Special P.P. for the State opposes the appeal. 6. In view of the submissions made by the learned counsel for the appellants and taking into consideration the fact that appellants are women and the order dated 15.07.2026 passed in Criminal Appeal (SJ) No. 795 of 2026, the order dated 29.1.2026 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 Nawada SC/ST P.S. Case No. 155 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. Accordingly, the appeal stands allowed. rajesh/- (Satyavrat Verma, J) U T