IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1762 of 2024 Arising Out of PS. Case No.-4 Year-2021 Thana- SC/ST District- Gaya ====================================================== 1 . VIJAY SINGH S/O LATE BILASH SINGH @ RAMBILAS SINGH R/O VILLAGE- TILAIYA, P.S- MOHANPUR AND DISTT.- GAYA. 2. LALMANI DEVI @ LALMUNI DEVI W/O VIJAY SINGH R/O VILLAGE- TILAIYA, P.S- MOHANPUR AND DISTT.- GAYA. 3 . SHASHI KUMAR S/O VIJAY SINGH R/O VILLAGE- TILAIYA, P.S- MOHANPUR AND DISTT.- GAYA. ... ... Appellant/s Versus 1 . THE STATE OF BIHAR 2. FULWA DEVI W/O LATE PRASHIDDH MANJHI R/O VILLAGE- TILAIYA, P.S- MOHANPUR AND DISTT.- GAYA. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ravi Shamkar , Advocate Mr. Bhola Kumar , Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 11-09-2025 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No.2. 2. This appeal has been filed for setting aside order dated 21.02.2024 passed in a case registered for the offence punishable under sections 341, 323, 504 and 506 and other allied sections of the Indian Penal Code and sections 3(i)(r)(s) (w) ( i ), 3 ( 2 ), (v – 9 ) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected. Patna High Court CR. APP (SJ) No.1762 of 2024(4) dt.11-09-2025 2/3 3 . As per the prosecution case , informant namely, Fulwa devi alleged that on 21.02.2024 at about 5:00 PM when she was returning home after working in the field, in the meantime , appellant No. 1 who was near Tilaiya school started teasing her and when she raised alarm, he fled away . Thereafter, informant went to the house of appellant no. 1 (Vijay Singh) to make complaint regarding the aforesaid incident, then appellant Nos. 2 and 3 abused her by caste name and also assaulted her. 4. It is submitted on behalf of these appellants that appellants are innocent and has committed no offence as alleged. It is further submitted that appellants had ongoing land dispute with one Suchit Singh and as a matter of fact, informant is a domestic help of Suchit Singh and only at the behest of Suchit Singh, informant lodged this false and concocted case against these appellants. Allegation of abuse by caste name and assault is general and omnibus against these appellants. Rest of the allegation is ornamental in nature to make the case grave . It is not the case of the informant that any member of public was present at the time of incident and as such, no case under SC/ST Act is made out. Appellants claim clean antecedent. 5 . Learned special Public Prosecutor for the State opposed the bail. Patna High Court CR. APP (SJ) No.1762 of 2024(4) dt.11-09-2025 3/3 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 Exclusive special Judge SC / ST Gaya in connection with SC / ST Police Station Case No. 04 of 2021 . Koushik/- (Prabhat Kumar Singh, J) U