IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.540 of 2025 Arising Out of PS. Case No.-79 Year-2023 Thana- SC/ST District- Lakhisarai ====================================================== 1. Raja Mian @ Md. Rizwan S/o Bhoto Miyan R/o Vill- Purani Bazar Pathani Tola, P.S-Surajgarha, Dist-Lakhisarai 2. Amir Khan @ Amir Pamariya S/o Bhoto Miyan R/o Vill- Purani Bazar Pathani Tola, P.S-Surajgarha, Dist-Lakhisarai ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Mamta Devi W/o Karu Paswan R/o vill - Purani Bazar, ward no. 16, P.S.- Surajgarha, Distt.- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Binay Kumar For the Respondent/s : Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 4 18-09-2025 Heard learned counsel for the appellants an learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the rejection of prayer for bail vide order dated 04.01.2025 passed by the learned District and Additional Sessions Judge SC/ST Act, Lakhisarai in connection with SC/ST Lakhisarai P.S. Case No. 79 of 2023 dated 24.12.2023 registered for the offence/s punishable u/ss 147, 149, 341, 323, 448, 354(b), 504, 506 of the Indian Penal Code and 3(1)(r)(s), 3(2) (va) of the SC/ST (POA) Act. Patna High Court CR. APP (SJ) No.540 of 2025(4) dt.18-09-2025 2/3 3. As per the prosecution case, the appellants and the co-accused persons armed with Lathi and Danda came to the house of the informant and abused and assaulted her by calling her caste name and they also disrobed her and threatened to burn her. 4. Learned counsel for the appellants has submitted that the appellants have falsely been implicated in this case due to ulterior motive. Learned counsel has further submitted that the caste name was not disclosed by anyone at the time of the alleged occurrence. As per FIR, no member of public was present at the relevant point of time of the alleged incident hence no case is made out under SC/ST Act. There is general and omnibus allegation against the appellants. The appellants have no criminal antecedent as stated in para 3 of the bail petition. The appellants have in custody since 23.11.2024. 5. Learned counsel for the respondent no. 2 as well as learned Spl. P.P. for the State has vehemently opposed the bail petition of the appellants. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellants, the impugned order dated 04.01.2025 passed by the learned District and Additional Patna High Court CR. APP (SJ) No.540 of 2025(4) dt.18-09-2025 3/3 Sessions Judge SC/ST Act, Lakhisarai in connection with SC/ST Lakhisarai P.S. Case No. 79 of 2023, is set aside against the appellants. The criminal appeal is allowed. 7. Accordingly, the above named appellants, are directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge SC/ST Act, Lakhisarai in connection with SC/ST Lakhisarai P.S. Case No. 79 of 2023. guddukr/- (Chandra Prakash Singh, J) U T