IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.45 of 2025 Arising Out of PS. Case No.-626 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Randhir Kumar @ Randhir @ Randhir Urik @ Randhir Oriwa, Son of Phulendra Kapar @ Fulendra Kapar, Resident of Village- Bhagwanpur Desua, P.S.- Ujiyarpur, Distt.- Samastipur, Presently residing at C/O- Jitendra Kumar, Resident of Manbigha, P.S.- Garua, Distt.- Gaya. ... ... Appellant/s Versus 1. The State of Bihar. 2. Sonam Kumari, D/O- Suresh Das, Resident of Village- Dhangai, P.S.- Dhangai, Distt.- Gaya. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Aryan Singh, Advocate For the Respondent/s : Mr.Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 7 07-10-2025 Heard learned counsel appearing on behalf of the appellant and learned Spl. PP appearing for the State 2. The appellant has preferred the present appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”) against the refusal of prayer for bail vide order dated 04.10.2024 passed by the learned Exclusive Special Judge, SC/ST Act, Gaya in connection with Bail Petition Special Act No. 3025 of 2024 arising out of Bodhgaya P.S. Case No. 626 of 2023 registered under Sections 376(D), 120(B) and 34 of the Indian Penal Code and Sections 3(ii), 3(2)(V) of SC/ST (POA) Act. 3. At the outset, it is pointed out by the learned counsel appearing for the appellant that jointness qua service of notice as Patna High Court CR. APP (SJ) No.45 of 2025(7) dt.07-10-2025 2/4 issued against opposite party no. 2 was filed, as same was received by her sister-in-law. Upon filing so, the notice as issued against informant/opposite party no. 2 deemed validly served upon. 4. Despite of service of notice, none appeared on behalf of the informant/opposite party/victim. 5. The appellant is named in F.I.R. and is in custody since 28.08.2024. 6. As per FIR, appellant alongwith other co-accused persons committed rape upon the informant/victim aged about 18 years, who is a member of scheduled caste community. 7. Learned counsel for the appellant submitted that after the occurrence, FIR was lodged by the informant naming this appellant without disclosing his father but at the time of recording her statement under Section 164 of Cr.P.C., the victim nothing said incriminating against this appellant, rather she disclosed name of two accused persons only, namely, Rocky & Zahir. It is pointed out that the present FIR was lodged with a delay of five days without explaining any reason for delay. It is also pointed out that upon medical examination, no incriminating evidence found upon the informant/victim, which may suggest prima facie that rape/penetrative sexual assault as alleged was not committed Patna High Court CR. APP (SJ) No.45 of 2025(7) dt.07-10-2025 3/4 upon her. 8. Arguing further, it is submitted by learned counsel that nothing transpired from the face of FIR or during investigation, which may suggest that the occurrence took place out of atrocities, as defined within the meaning of SC/ST Act. 9. Learned counsel for the appellant submitted that if insult is not caused to complainant/informant on the basis of caste, no case is made out under the Act, as it was held in State of Madhya Pradesh Vs. Parasram @ Purushottam, as reported in 2015 (153) AIC 276. 10. Learned Special P.P. for the State, while opposing prayer for bail, submitted that the appellant is named accused and he was actively involved during the occurrence. 11. In view of the aforesaid factual submissions and by taking note of fact as the accused/appellant was not named by the informant/victim while recording her statement under Section 164 of Cr.P.C., accordingly, appellant, who is a man of clean antecedent and is in custody since 28.08.2024, is directed to be released on bail in connection with Bail Petition Special Act No. 3025 of 2024 arising out of Bodhgaya P.S. Case No. 626 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Patna High Court CR. APP (SJ) No.45 of 2025(7) dt.07-10-2025 4/4 learned Exclusive Special Judge, SC/ST Act, Gaya/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. 12. Accordingly, impugned order dated 04.10.2024 is set aside. 13. Hence, appeal stands allowed. veena/- (Chandra Shekhar Jha, J) U T