Radhika Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Radhika Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appellant Radhika Devi, upon arrest/surrender within eight weeks, to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Gaya in ABP No. 02 of 2025; impugned order dated 21.01.2025 set aside with respect to this appellant only.

Issue for consideration

Whether the appellant, whose prayer for anticipatory bail in connection with Magadh University P.S. Case No. 187 of 2024 was rejected by the order dated 21.01.2025, is entitled to be enlarged on anticipatory bail, and whether the impugned order should be set aside.

Court's answer

Considering the aforesaid facts, the appellant, in the event of her arrest or surrender within a period of eight weeks, is to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge (SC/ST Act), Gaya in ABP No. 02 of 2025.

Ratio / Principle

This criminal appeal is allowed and the impugned order dated 21.01.2025 is set aside with respect to this appellant only.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J) allows Criminal Appeal (SJ) No.678 of 2025 filed by Radhika Devi against the order dated 21.01.2025 of the learned Exclusive Special Judge (SC/ST Act), Gaya rejecting her anticipatory bail in ABP No. 02 of 2025, arising out of Magadh University P.S. Case No. 187 of 2024 instituted under Sections 126(2), 115(2), 352, 351(2), 109(1), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)(s)/3(2)(va) of the SC/ST Act. Counsel for the appellant submitted that the specific accusation of assault was against co-accused, that the allegation against her of pelting stones and bricks was general and omnibus, that it was not the informant's case that the incident occurred within public view, and that she is a lady claiming clean antecedents. Considering these facts, the Court directed that in the event of her arrest/surrender within eight weeks she be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, and set aside the impugned order with respect to this appellant only.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.678 of 2025

Arising Out of PS. Case No.-187 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya

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

Radhika Devi Wife of Manoj Yadav Resident of Village-Shekhwara, P.SMagadh, Vishwavidyalay@ Magadh University, District-Gaya

... ... Appellant/s

Versus

The State of Bihar

Satendra Manjhi Son of Sahdeo Manjhi Resident of Village-Shekhwara, P.SMagadh, Vishwavidyalay@ Magadh University, District-Gaya

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Surya Swetabh, Advocate For the Respondent/s : Mr. Binay Krishna, A.P.P. For the Informant : Mr. Anjani Kumar, Mr. Himanshu Shekhar, Adv ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

5 06-08-2025

Heard learned counsel for the appellant and the State.

This criminal appeal has been filed against the order dated 21.01.2025 passed by learned Exclusive Special Judge (SC/ST Act), Gaya in ABP No. 02 of 2025 in connection with Magadh University @ Magadh Vishwavidyalay P.S. Case No. 187 of 2024, instituted under Sections 126(2), 115(2), 352, 351 (2), 109(1), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.

Prosecution case, in brief, is that on 7.09.2024 at about 9:30 AM, on account of land dispute, all the F.I.R. named

Patna High Court CR. APP (SJ) No.678 of 2025(5) dt.06-08-2025 2/3

accused persons including this appellant, abused informant by caste name and assaulted informant and others.

Learned counsel for the appellant submits that appellant is innocent and has committed no offence. Specific accusation of assault is against other co-accused persons. So far this appellant is concerned, there is general and omnibus allegation of pelting stones and bricks against her. Moreover, it is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against appellant. Appellant is lady and claims clean antecedent.

Learned Spl. Public Prosecutor for the State as well as learned counsel for the informant vehemently opposed the bail application.

Considering the aforesaid facts, let the appellant, as named above, in the event of her arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (SC/ST Act), Gaya in ABP No. 02 of 2025 in connection with Magadh University @ Magadh Vishwavidyalay P.S. Case No. 187 of 2024.

Patna High Court CR. APP (SJ) No.678 of 2025(5) dt.06-08-2025 3/3

Accordingly, this criminal appeal is allowed and

impugned order dated 21.01.2025 is set aside with respect to this appellant only.

(Prabhat Kumar Singh, J)

Navya/-

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