Patna High Court
CR. APP (SJ)/504/2026 of Kiran Devi Vs The State of Bihar on 20 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.504 of 2026 Arising Out of PS. Case No.-395 Year-2025 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Kiran Devi Son of Ajit Sah Resident of Dharmpur Bande, P.S.- Shahpur Patori, District -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.504 of 2026
Arising Out of PS. Case No.-395 Year-2025 Thana- SHAHPUR PATORI District- Samastipur ======================================================
Kiran Devi Son of Ajit Sah Resident of Dharmpur Bande, P.S.- Shahpur Patori, District - Samastipur, Bihar.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s
:
Mr. Keshav Bhardwaj, Advocate
For the Respondent/s
:
Mr. Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
20-07-2026
1. Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and 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 16.01.2026 in A.B.P. No. 2790 of 2025 passed by the learned Special Judge, SC/ST, Samastipur in connection with Shahpur Patori P.S. Case No. 395 of 2025 registered under Sections 126(2), 115(2), 117(2), 109, 324(4), 76, 351(2) and 3(5) of the BNS as well as Sections 3(1)(r) and 3(1)(s) of the SC/ST Act.
3. Learned counsel appearing on behalf of the appellant submits that appellant is a person with clean Patna High Court CR. APP (SJ) No.504 of 2026(4) dt.20-07-2026
antecedent and is a woman and from perusal of the allegation as alleged in the FIR, it would manifest that thrust of the allegation is against Rohit Sah and appellant, being related to Rohit Sah, came to be implicated in the instant case by the informant with general and omnibus allegation of abuse and assault. It is further submitted that even presuming what has been alleged is true without admitting then the entire occurrence took place at the house of the informant, thus, was not in public view.
4. Learned Special Public Prosecutor for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the appellant.
5. Considering the submissions made by the learned counsel appearing on behalf of the appellant and taking into consideration the fact that appellant is a woman as well as no specific allegation is alleged, let the appellant, above-named, in the event of her arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the Patna High Court CR. APP (SJ) No.504 of 2026(4) dt.20-07-2026
B.N.S.S.
6. Accordingly, the impugned order is set aside and this appeal stands allowed.
Kundan/- (Satyavrat Verma, J) U T