IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1256 of 2024 Arising Out of PS. Case No.-41 Year-2023 Thana- SC/ST District- Jamui ====================================================== 1 . SACHIN KUMAR S/O SENTU RAM @ SANTU RAM R/O VILLAGE- GHURMURIYA, P.S- LACHHUWAR, DISTT.- JAMUI. 2. RANJEET MANDAL S/O KALESHWAR MANDAL R/O VILLAGE- GHURMURIYA, P.S- LACHHUWAR, DISTT.- JAMUI. 3 . SUNIL MANDAL S/O MUNESHWAR MANDAL R/O VILLAGE- GHURMURIYA, P.S- LACHHUWAR, DISTT.- JAMUI. 4. MUNESHWAR MANDAL S/O HARSAHAY MANDAL R/O VILLAGE- GHURMURIYA, P.S- LACHHUWAR, DISTT.- JAMUI. 5 . ASHOK MANDAL S/O MUNESHWAR MANDAL R/O VILLAGE- GHURMURIYA, P.S- LACHHUWAR, DISTT.- JAMUI. 6. AMIT MANDAL S/O ASHOK MANDAL R/O VILLAGE- GHURMURIYA, P.S- LACHHUWAR, DISTT.- JAMUI. 7. KALESHWAR MANDAL S/O HARSAHAY MANDAL R/O VILLAGE- GHURMURIYA, P.S- LACHHUWAR, DISTT.- JAMUI. ... ... Appellant/s Versus 1 . THE STATE OF BIHAR 2. DURGA KUMAR S/O LOHA MANJHI R/O VILLAGE- GHURMURIYA, P.S- LACHHUWAR, DISTT.- JAMUI. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Umesh Prasad , Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP For informant : Mr. Amardeep, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 17-04-2025 Heard learned counsel for the parties. 2. This appeal has been filed for setting aside order dated 09.02.2024 passed in a case registered for the offence punishable under sections 341, 354, 323, 324, 504, 506 and 34 and other allied sections of the Indian Penal Code and sections 3(i)(r)(s)/3(2)(v)(a) of the Scheduled Castes and Scheduled Patna High Court CR. APP (SJ) No.1256 of 2024(3) dt.17-04-2025 2/3 Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , on the alleged date and time of occurrence , informant Durga Kumar , alleged that all the accused persons including these appellants abused informant by caste name . It is further alleged that appellant No. 2 tied his neck with towel, appellant No. 1 assaulted him with iron rod and appellant No. 3 assaulted him with lathi. It is further alleged that when mother of informant came to rescue him, then appellant No. 4 outraged her modesty . 4. It is submitted that both parties are close door neighbours and due to petty dispute a simple occurrence of maarpeet took place between them in which both sides sustained injuries. The present case is counter blast of P S Case No. 105 of 2023 lodged on 02.12.2023 by wife of appellant No. 3 against informant’s side . Allegation of assault and abuse by caste name is general and omnibus against these appellants. It is not the case of informant that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out. Rest of allegation is ornamental in nature . It is further submitted that during pendency of case , a good sense prevailed between the parties and the matter is compromised and Patna High Court CR. APP (SJ) No.1256 of 2024(3) dt.17-04-2025 3/3 accordingly a compromise petition has been filed in the Court below . 5 . Learned counsel for the respondent No. 2 does not dispute the contention made on behalf of appellants. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional sessions Judge – I – cum- Special Judge, SC/St POA & POCSO Act , Jamui in connection with Jamui Police Station Case No. 41 of 2023 . Koushik/- (Prabhat Kumar Singh, J) U T