IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4019 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- MINAPUR District- Muzaffarpur ====================================================== 1. Radhika Devi W/o- Bhola Sah R/v- Harpur Basdeo Milki, P.S.- Minapur, Dist- Muzaffarpur 2. Bhola Sah S/o- Late Thaga Sah R/v- Harpur Basdeo Milki, P.S.- Minapur, Dist- Muzaffarpur 3. Sanju Devi W/o- Ganesh Kumar R/v- Harpur Basdeo Milki, P.S.- Minapur, Dist- Muzaffarpur 4. Rani KUmari W/o- Santosh Kumar R/v- Harpur Basdeo Milki, P.S.- Minapur, Dist- Muzaffarpur 5. Santosh Kumar S/o- Bhola Sah R/v- Harpur Basdeo Milki, P.S.- Minapur, Dist- Muzaffarpur ... ... Appellant/s Versus 1. The State of Bihar 2. Rinku Devi W/o- Lalbabu Chaudhari R/v- Harpur Bax, P.S.- Minapur, Dist- Muzaffarpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sanjeev Kumar, Adv. For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 02-04-2026 1. Heard learned counsel for the appellants, learned Special P.P. 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 17.07.2025 in A.B.P. No. 1944/2025 passed by the Patna High Court CR. APP (SJ) No.4019 of 2025(5) dt.02-04-2026 2/3 learned Special Judge SC/ST (POA) Act, Muzaffarpur in connection with Meenapur P.S. Case No. 103/2025 registered under Sections 137(2), 96, 351(2), 3(5) of the BNS, 2023 as well as Sections 3(1)(r)(s) and 3(2)(va) of the SC/ST (POA) Act. 3. Learned counsel for the appellant submits that appellant no.1, 2, 3 and 4 are persons with clean antecedent and appellant no.5 has antecedent of one case and appellant no.1, 3 and 4 are women and the informant alleges that her minor daughter was kidnapped by Mantosh on 19.03.2025, accordingly she went to the house of Mantosh, when accused persons abused her by taking caste name and threatened not to institute the case. 4. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the informant being related to Mantosh. It is also submitted that the date of occurrence is 19.03.2025 and the FIR came to be instituted on 25.03.2025. It is next submitted that the victim came back and her statement was recorded under Section 183 BNSS, wherein she has not supported the case of the prosecution rather has stated that she had gone on her own volition. 5. Learned Special Public Prosecutor and the learned Patna High Court CR. APP (SJ) No.4019 of 2025(5) dt.02-04-2026 3/3 counsel appearing on behalf of the informant opposes the appeal but then fairly submits after perusing the case diary that victim has not supported the prosecution case in her statement recorded under Section 183 BNSS. 6. Considering the submissions, the order impugned is set aside. Let the appellants, above named, in the event of their arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 482(2) of the BNSS. 7. Accordingly, the impugned order is set aside and this appeal stands allowed. amit/- (Satyavrat Verma, J) U T