IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4380 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- BABUBARHI District- Madhubani ====================================================== 1. Dasanand Mandal S/o- Suraj Mandal Vill-Jagannathpur,P.S-Babubarhi, Distt-Madhubani 2. Devanand Mandal S/o- Suraj Mandal Vill-Jagannathpur,P.S-Babubarhi, Distt-Madhubani 3. Vidyanand Mandal S/o- Suraj Mandal Vill-Jagannathpur,P.S-Babubarhi, Distt-Madhubani 4. Nirsu Mandal S/o- Ram Kishun Mandal Vill-Jagannathpur,P.S-Babubarhi, Distt-Madhubani 5. Raj Kumar Mandal S/o- Sirphal Mandal Vill-Jagannathpur,P.S-Babubarhi, Distt-Madhubani 6. Laxman Yadav S/o- Bauelal Yadav Vill-Jagannathpur,P.S-Babubarhi, Distt- Madhubani 7. Renu Devi W/o- Devanand Mandal Vill-Jagannathpur,P.S-Babubarhi, Distt- Madhubani 8. Rukmani Devi w/o- Dasanand Mandal Vill-Jagannathpur,P.S-Babubarhi, Distt-Madhubani 9. Phul Kumari @ Phul Kumari Devi @ Phul Devi W/o- Veer Yadav Vill- Jagannathpur,P.S-Babubarhi, Distt-Madhubani 10. Awdhesh Mandal S/o- Sitaram Mandal Vill-Belarahi,P.S-Jhanjarpur, Distt- Madhubani ... ... Appellant/s Versus 1. The State of Bihar 2. Sushila Devi w/o- Rameshwar Ram Vill-Jagannathpur,P.S-Babubarhi, Distt- Madhubani ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar Pandey Mr. Kumari Pallavi For the State : Mr. Sadanand Paswan For the Informant : Mr. Shailendra Kr. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 23-02-2026 Heard the learned counsel for the appellants as well as the informant and learned APP for the State. Patna High Court CR. APP (SJ) No.4380 of 2025(3) dt.23-02-2026 2/4 2. This memo of appeal has been preferred against the order dated 24.09.2025 passed by S.M.F. Bari, the learned Additional Sessions Judge-I-cum-Special Judge (SC/ST) Madhubani, Distt- Madhubani whereby and whereunder the anticipatory bail application of the appellants have been rejected in ABP No. 1818 of 2025 (G.R. No. 111 of 2025) in connection with Babubarhi P.S. Case No. 323 of 2025 instituted for the offence under Sections 137(2), 126(2), 115(2), 352, 351(2), 324(4), 303(2), 191(2) of the BNS and Section 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act and presently pending in the Court of learned A.D.J. I-cum-Special Judge, SC/ST Act, Madhubani, Distt- Madhubani. 3. As per the prosecution case, on 18.07.2025, ten accused persons forcibly entered the informant’s house and abused her and her family by taking their caste name. They also looted jewelry worth Rs. 2 lakhs. During the assault, they outraged the informant’s modesty and forcibly abducted her daughter-in-law. 4. Learned counsel for the appellants has submitted that the appellants are innocent and have falsely been implicated in the present case. The informant, herself, admits that daughter of appellant no. 7 is residing in her house. This revelation in FIR Patna High Court CR. APP (SJ) No.4380 of 2025(3) dt.23-02-2026 3/4 shows that root cause of the matter is not malicious feeling of caste. It has further been submitted that the appellant no. 7 had lodged Babubarhi P.S. Case No. 62 of 2025 against members of the informant side. The appellants are persons of clean antecedents. 5. Learned counsel for the informant vehemently opposed the prayer for bail of the appellants and submitted that the appellants abused the informant and her family members by calling caste name and also assaulted them in public view. As such, the provisions of SC/ST Act is attracted in the present case. 6. The root cause of occurrence is not the malicious feeling of caste. The appellant no. 7 has already lodged a case against the members of informant side. The informant, herself, admits that her son has solemnized marriage with daughter of appellant no. 7. 7. Considering the above-mentioned facts and circumstance, the appeal is allowed and the impugned order dated 24.09.2025 passed by S.M.F. Bari, the learned Additional Sessions Judge-I-cum-Special Judge (SC/ST) Madhubani, Distt- Madhubani, in ABP No. 1818 of 2025 (G.R. No. 111 of 2025) in connection with Babubarhi P.S. Case No. 323 of 2025, is set Patna High Court CR. APP (SJ) No.4380 of 2025(3) dt.23-02-2026 4/4 aside. 8. Accordingly, let the appellants, in the event of their arrest or surrender within four weeks before the learned court below, be released 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 learned A.D.J. I-cum-Special Judge (SC/ST), Madhubani, Distt-Madhubani in connection Babubarhi P.S. Case No. 323 of 2025. priyanka/- (Nawneet Kumar Pandey, J) U T