IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5151 of 2024 Arising Out of PS. Case No.-45 Year-2021 Thana- SC/ST District- East Champaran ====================================================== 1. Sunita Devi Wife of Sitaram Rai Resident Of Village -Chailaha Paraiya Tola, PO And PS- Banjariya, Distt.- East Champaran 2. Anju Kumari D/O-Sitaram Rai Resident Of Village -Bathana, PO And PS- Banjariya, Distt.- East Champaran 3. Dheeraj Kumar S/O- Sitaram Rai Resident Of Village -Bathana, PO And PS- Banjariya, Distt.- East Champaran ... ... Appellant/s Versus 1. The State of Bihar 2. Kishor Paswan Son of Bigan Paswan Resident Of Village -Rohiniya, PO And PS- Banjariya, Distt.- East Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Pravin Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, Spl. P.P. For the Informant : Mr. Pramod Kumar Yadav, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 8 13-07-2026 1. Heard learned counsel for the appellants, learned Special P.P. Mr. Binay Krishna 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 05.03.2024 in A.B.P. No. 980 of 2024, arising out of SC/ST P.S. Case No.45 of 2021 passed by the learned Special Judge, SC/ST Act, Motihari, East Champaran, registered under Sections 341, 323, 379, 504, 506, 34 of the Indian Penal Code and Sections 3(i)(r)(s) of the SC/ST (POA) Act. Patna High Court CR. APP (SJ) No.5151 of 2024(8) dt.13-07-2026 2/3 3. Learned counsel for the appellants submits that appellants are persons with clean antecedent and are women and the informant alleges that on 24.10.2021 at 1.30 P.M., he was going to Motihari for purchasing pigs and when he reached near an over bridge, the accused persons including the appellants abused him by taking caste name and snatched Rs.12,000/- from his pocket and Horil Yadav assaulted him by knife. 4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant. It is also submitted that no specific allegation of assault or abuse is alleged against the appellants though allegation of assaulting the informant by knife is against Horil Yadav, whose appeal was withdrawn. It is further submitted that police after investigation submitted Final Form No.73 of 2022 dated 16.02.2022 exonerating the appellants of the allegation as alleged in the FIR but then the learned trial court differing with the police report took cognizance. It is further submitted that when one investigating agency after threadbare investigation exonerated the appellants of the allegation as alleged in the FIR, whether it would be prudent for the Court to send the appellants to jail based on an order of cognizance which came to be taken based on the same police report exonerating the appellants of the allegation as alleged in the FIR. Patna High Court CR. APP (SJ) No.5151 of 2024(8) dt.13-07-2026 3/3 5. Learned Special Public Prosecutor and the learned counsel appearing on behalf of the informant opposes the appeal but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the appellants that police after investigation submitted final form exonerating the appellants of the allegation as alleged in the FIR. 6. After hearing the learned counsel for the parties, the Court was inclined to grant the anticipatory bail to the appellants but since cognizance has been taken, as such, the appeal is disposed of with a direction to the appellants to surrender before the learned trial court on 03.08.2026, it is made clear that if the appellants surrender before the learned trial court on 03.08.2026, in that event, the learned trial court shall consider and dispose of the case on the same day, keeping in mind the fact that police after investigation submitted final form exonerating the appellants of the allegation as alleged in the FIR and the observations of this court, as recorded, hereinabove. 7. Accordingly, the appeal stands disposed of. amit/- (Satyavrat Verma, J) U T