IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.383 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== 1. Shamsher Ali @ Shamsher Alam Son Of Saral Mian Resident Of Village - Mohan Bazar, P.S. - Maharajganj, District - Siwan 2. Shalam Hussain @ Godail @ Godail Mian @ Salam Hussain Son Of Son Of Hadish Mian @ Hasim Mian @ Md. Hasim Miyan Resident Of Village - Mohan Bazar, P.S. - Maharajganj, District - Siwan ... ... Appellant/s Versus 1. The State Of Bihar 2. Hiramoti Devi @ Hiramati Devi Wife Of Mohan Sah Resident Of Village - Mohan Bazar, P.S. - Maharajganj, District - Siwan ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Satyendra Rai, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 31-07-2025 Heard learned counsel for the appellants and the State. 2. This appeal has been filed against the order dated 11.12.2023 passed by learned Additional Sessions Judge 1st cum Special Judge, Siwan in ABP No. 2820 of 2023 in connection with Maharajganj P.S. Case No. 217 of 2023, registered under Sections 341, 323, 324, 379, 354, 504, 506/34 of the Indian Penal Code and Section 3(i)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 3. As per prosecution case, on 02.08.2023 at about 3 PM, co-accused Rekha Khatoon attacked the cow of informant Patna High Court CR. APP (SJ) No.383 of 2024(3) dt.31-07-2025 2/3 by means of lathi and when informant went to her house to complain, all the F.I.R. named accused persons including these appellants abused her by caste name and assaulted her and her family members by means of various weapons. It is further alleged that the accused persons also snatched her mangalsutra. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. He next submits that both parties are gotiyas and due to petty dispute, simple occurrence of maar-peet took place between the parties in which both sides sustained injuries. Case and counter case. As per F.I.R., there no allegation that these two appellants abused informant or her family members by caste name as such, no offence under SC/ST Act is made out against appellants. Rest of the allegations are ornamental only to make the case grave. Appellants claim clean antecedent. 5. Learned Spl. Public Prosecutor for the State as well as learned counsel for the informant vehemently opposed the bail application. 6. Considering the nature of accusation and clean antecedent, let the appellants, as named above, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten Patna High Court CR. APP (SJ) No.383 of 2024(3) dt.31-07-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 1st cum Special Judge, Siwan in connection with Maharajganj P.S. Case No. 217 of 2023. 7. Accordingly, this criminal appeal is allowed and impugned order dated 11.12.2023 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T