Allowed¶24

Malti Devi v. The State of Bihar

Patna HC23 Feb 2026CR. APP (SJ)/3892/2024

Case brief

AI extract

What is this about?

Anticipatory bail; SC/ST (Prevention of Atrocities) Act — S.14-A(2) appeal, S.3(i)(x) atrocities; IPC 341, 323, 504/34; inter-caste marriage; mother-in-law vs daughter-in-law; Special Judge SC/ST Act Gaya; ABP No. 202 of 2024; CrPC S.41(1) notice, S.438(2) conditions; bail bond Rs. 10,000; Nimchak Bathani PS Case 14/2016, Gaya; Patna High Court CRIMINAL APPEAL (SJ) 3892/2024; Anil Kumar Sinha, J.

What did the court decide?

Anticipatory bail granted to the appellant Malti Devi; the order dated 24.07.2024 of the learned Special Judge, SC/ST Act, Gaya in ABP No. 202 of 2024 was set aside, with release on bail bond of Rs. 10,000/- with two like sureties subject to Section 438(2) CrPC conditions upon arrest or surrender within four weeks. ¶24

Malti Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, whose anticipatory bail application was rejected by the learned Special Judge, SC/ST Act, Gaya, in connection with Nimchak Bathani PS Case No. 14 of 2016 (Sections 341, 323, 504/34 IPC and Section 3(i)(x) SC/ST Act), is entitled to anticipatory bail.

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Court's answer

Taking into consideration that the matter is essentially a dispute between mother-in-law and daughter-in-law arising because the appellant's son performed an inter-caste marriage, the Court was inclined to grant the appellant the privilege of anticipatory bail.

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Ratio / Principle

The appeal was allowed and the order dated 24.07.2024 passed by the learned Special Judge, SC/ST Act, Gaya, in ABP No. 202 of 2024 rejecting anticipatory bail was set aside.

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Key takeaways

In the event of arrest or surrender before the Court below within four weeks, the appellant is to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge, SC/ST Act, Gaya, subject to the conditions under Section 438(2) CrPC.ratio¶25

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J., oral order dated 23-02-2026) allowed Criminal Appeal (SJ) No. 3892 of 2024 preferred under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 by Malti Devi, mother-in-law of opposite party No. 2, against the order dated 24.07.2024 of the learned Special Judge, SC/ST Act, Gaya, in ABP No. 202 of 2024 rejecting her anticipatory bail in Nimchak Bathani PS Case No. 14 of 2016 (Sections 341, 323, 504/34 IPC and Section 3(i)(x) SC/ST Act). Holding the matter to be a mother-in-law/daughter-in-law dispute arising from an inter-caste marriage performed by the appellant's son, the Court set aside the impugned order and directed that on arrest or surrender within four weeks the appellant be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions. Counsel noted the FIR as mala fide and that the appellant had earlier enjoyed Section 41(1) CrPC benefit during investigation; charge-sheet stood submitted and cognizance taken.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3892 of 2024

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Arising Out of PS. Case No.-14 Year-2016 Thana- NIMCHAKBATHANI District- Gaya

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

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Malti Devi W/o Late Devgan Prasad R/o Village- Karu Bigha, P.S.- Nimchak Bathani, District- Gaya

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... ... Appellant/s

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Versus

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The State of Bihar

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Soni Mole Kumari D/o Sri Girami Manjhi R/o Village- Bahuara, P.S.Nimchak Bathani, District- Gaya

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Ms. Swati Parmar, Advocate Mr. Arvind Kumar Singh, Advocate For the State : Ms. Nawal Kishore, Sp.PP

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

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 23-02-2026

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Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

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2. An order, dated 24.07.2024, passed by learned Special Judge, SC/ST Act, Gaya, in ABP No. 202 of 2024, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellant in connection with Nimchak Bathani Police Station Case No. 14 of 2016 registered for the offence punishable under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i) (x) of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, has been rejected.

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Patna High Court CR. APP (SJ) No.3892 of 2024(4) dt.23-02-2026 2/3

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3. The prosecution case, as per the First Information Report, is that O.P. No. 2 solemnized love marriage with the son of the informant on 27.11.2025. It is alleged that appellant who is mother-in-law of the O.P. No. 2, abused and kicked her out of the matrimonial home on the ground that why she has performed inter-caste marriage with her son without consent of the appellant.

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4. Learned counsel for the appellant submits that the present F.I.R. has been lodged in abuse of the process of law and with mala fide intention against the appellant, who is the mother-in-law of O.P. No. 2. The O.P. No. 2 belongs to the Scheduled Caste/Scheduled Tribe category, whereas the appellant belongs to a different caste. The present FIR is not bona fide. During the course of investigation, the appellant was given the benefit of Section 41(1) of the Code of Criminal Procedure. Now that the charge-sheet has been submitted and cognizance has been taken by the learned court below, the appellant apprehends arrest and, therefore, seeks the privilege of anticipatory bail.

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5. No-one appears on behalf of the O.P. No. 2.

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6. Mr. Nawal Kishore, learned counsel appearing on behalf of the State, is present and opposed the prayer for

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Patna High Court CR. APP (SJ) No.3892 of 2024(4) dt.23-02-2026 3/3

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anticipatory bail.

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7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is a dispute between mother-in-law and daughter-in-law on the ground that the appellant’s son had performed inter-caste marriage, I am inclined to grant the appellant privilege of anticipatory bail.

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8. This appeal is, accordingly, allowed and the order, dated 24.07.2024, passed by learned Special Judge, SC/ST Act, Gaya, in ABP No. 202 of 2024, is set aside.

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9. Let the appellant, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Gaya, in connection with Nimchak Bathani Police Station Case No. 14 of 2016 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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Siwani/-

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U T

Malti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Malti 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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