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Lalita Kumari @ Lalita Devi v. The State of Bihar

Patna HC24 Jul 2025CR. APP (SJ)/192/2025

Case brief

AI extract

What is this about?

Patna HC CR. APP (SJ) No.192 of 2025, Chandra Prakash Singh, J, 24-07-2025: appeal under S.14(A)(2) SC/ST (POA) Act 1989 allowed; Special Judge Samastipur's bail-refusal order dated 20.12.2024 set aside; woman appellant not named in FIR, omnibus allegations, no recovery, no abuse alleged, in custody since 20.12.2024, co-accused bailed 02.11.2023 (Cr. Appeal (S.J.) No. 3270 of 2023); case: Khanpur PS Case 119/2020, TR 1831/2024, ss.302/364/34 IPC & ss.3(1)(r)(s), 3(2)(c)(va) SC/ST Act; bail on Rs.20,000 bond with two like sureties.

What did the court decide?

Impugned bail-refusal order dated 20.12.2024 set aside against the appellant; appellant directed to be enlarged on bail on furnishing bail bond of Rs. 20,000 with two sureties of the like amount each to the satisfaction of the Court of Special Judge SC/ST (POA) Act, Samastipur.

Lalita Kumari @ Lalita Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, whose prayer for bail was refused by the Court of Special Judge SC/ST (POA) Act, Samastipur, is entitled to be enlarged on bail in connection with Khanpur P.S. Case No. 119 of 2020. +1 more

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Court's answer

In view of the facts and circumstances of the case and finding substance in the contention of the learned counsel for the appellant, the impugned order dated 20.12.2024 passed by the Court of Special Judge SC/ST (POA) Act, Samastipur is set aside against the appellant and the criminal appeal is allowed.

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Ratio / Principle

The appellant is directed to be enlarged on bail on furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge SC/ST (POA) Act, Samastipur in connection with Khanpur P.S. Case No. 119 of 2020, T.R. No. 1831/2024.

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Detailed headnote1 paragraphs

Criminal Appeal (SJ) under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by a woman accused against refusal of bail by the Court of Special Judge SC/ST (POA) Act, Samastipur (order dated 20.12.2024) in Khanpur P.S. Case No. 119 of 2020, T.R. No. 1831/2024 (offences punishable u/ss 302, 364 read with Section 34 IPC and Sections 3(1)(r)(s), 3(2)(c)(va) SC/ST (POA) Act). Contentions accepted: appellant not named in the FIR; name sprung up on mere suspicion; no incriminating article recovered from her conscious possession; general and omnibus allegations only; no allegation of abusing against her so as to attract the SC/ST Act; no criminal antecedent; lady in custody since 20.12.2024; co-accused already granted regular bail on 02.11.2023 in Cr. Appeal (S.J.) No. 3270 of 2023. Finding substance in these contentions, the Court set aside the impugned order and allowed the appeal, directing enlargement of the appellant on bail on furnishing bail bond of Rs. 20,000 with two sureties of the like amount each. (Chandra Prakash Singh, J; 24-07-2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.192 of 2025

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Arising Out of PS. Case No.-119 Year-2020 Thana- KHANPURA District- Samastipur

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======================================================

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Lalita Kumari @ Lalita Devi W/o- Bike Sahni @ Bike Kumar @ B.K Sahni Village- Shivaisinghpur W.No-3, Ps- Khanpur Dist- Samastipur

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... ... Appellant/s

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Versus

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The State of Bihar

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Sumitra Devi W/o- Ram Chandra Ram Village- Shivaisinghpur Ps- Khanpur Dist- Samastipur

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Dilip Kumar Roy For the Respondent/s : Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 24-07-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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2 . This is an appeal under Section 14(A)(2) of the

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Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 20.12.2024 passed by the learned Court of Special Judge SC/ST (POA) Act, Samastipur in connection with Khanpur P.S. Case No. 119 of 2020, T.R. No. 1831/2024 dated 29.07.2020 registered for the offence/s punishable u/ss 302, 364 read with Section 34 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(c)(va) of SC/ST (POA) Act.

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Patna High Court CR. APP (SJ) No.192 of 2025(5) dt.24-07-2025 2/3

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3 . As per the prosecution case, the appellant along with other co-accused persons came and under conspiracy they kidnapped and committed murdered of the informant’s husband and in the name of purchasing a Boat, as there was chance of flood.

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4 . Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. The appellant is not named in the FIR. The name of the appellant has sprung up in this case on mere suspicion. No incriminating article has been recovered from the conscious possession of the appellant. There is no specific allegation against the appellant rather the specific allegation is against the other co-accused persons. There is general and omnibus allegation against the appellant. There is no allegation of abusing against the appellant and hence, no offence under the provisions of SC/ST Act is made out against the appellant. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant, who is a lady, is in custody since 20.12.2024. The co-accused person has already been granted regular bail by this Court vide order dated 02.11.2023 passed in Cr. Appeal (S.J.) No. 3270 of 2023.

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5 . Learned Spl.P.P. for the State has vehemently

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Patna High Court CR. APP (SJ) No.192 of 2025(5) dt.24-07-2025 3/3

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opposed the prayer of bail.

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6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 20.12.2024 passed by the learned Court of Special Judge SC/ST (POA) Act, Samastipur in connection with Khanpur P.S. Case No. 119 of 2020, T.R. No. 1831/2024 is set aside against the appellant. The criminal appeal is allowed.

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Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge SC/ST (POA) Act, Samastipur in connection with Khanpur P.S. Case No. 119 of 2020, T.R. No. 1831/2024.

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(Chandra Prakash Singh, J)

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shivam/-

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U T

Lalita Kumari @ Lalita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalita Kumari @ Lalita Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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