IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1897 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- MADHAURAH District- Saran ====================================================== 1. Shila Prasad Yadav @ Shila Ray S/o Bhola Prasad Yadav @ Bhola Ray R/o vill - Madhopur, P.S. - Madhaura, Distt. - Saran at Chapra 2. Rahul Kumar @ Rahul Ray S/o Rajeshwar Prasad @ Rajeshwar Ray R/o vill - Atta, P.S. - Madhaura, Distt. - Saran at Chapra 3. Pradip Kumar @ Pradip Ray S/o Harendra Prasad @ Hari Ray R/o vill - Israuli, P.s - Madhaura, Distt. - Saran at Chapra 4. Umesh Kumar @ Umesh Ray S/o Sudish Ray R/o vill - Awari, P.S/ Madhaura, Distt. - Saran At chapra ... ... Appellant/s Versus 1. The State of Bihar 2. Kanti Devi W/o Govind Ram R/o vill - Bhawalpur, P.s. - Madhaura, Distt. - saran at Chapra ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Udai Shankar Singh, Adv. For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP For the Resp. No. 2 : Mr. Sahil Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 13-02-2025 Heard learned counsel for the parties. 2. This appeal has been filed against the order dated 02.04.2024 passed by learned SC/ST Exclusive Special Judge, Chapra, Saran in A.B.P. No. 998 of 2024 in connection with Madhaura P.S. Case No. 34 of 2024, registered under Sections 341, 323, 504, 34 of the Indian Penal Code and Section 3(1)(r) (s)/3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. Patna High Court CR. APP (SJ) No.1897 of 2024(3) dt.13-02-2025 2/3 3. As per prosecution case, on 13.01.2024 while the informant was sitting at her door, all the FIR named accused persons including these appellants arrived there in a car and started pressurizing informant to cast vote in favour of appellant no.1. On protest, the appellants abused her by taking caste name and assaulted with fist, slaps and sticks. They also pushed her inside the car and other accused persons tried to molest her. 4. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. The wife of appellant no. 1 namely Gayatri Devi is the Prakhand Pramukh and complainant is the Up-Pramukh of Madhaura Prakhand and due to political rivalry the present false case has been lodged against the appellants. As a matter of fact, on 11.01.2024 the brother of appellant no.1 went to the house of informant to receive the outstanding dues of bricks purchased by husband of the informant and on refusal by the informant’s side a scuffle took place between them. It is not the case of complainant that the alleged incident occurred within public view as such, no offence under SC/ST Act is made out. Appellants claim clean antecedent. 5. Learned Spl. Public Prosecutor for the State as well Patna High Court CR. APP (SJ) No.1897 of 2024(3) dt.13-02-2025 3/3 as learned counsel for the respondent No. 2 vehemently opposed the bail application. 6. Considering the aforesaid facts, 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 thousand) each with two sureties of the like amount each to the satisfaction of learned SC/ST Exclusive Special Judge, Chapra, Saran in connection with Madhaura P.S. Case No. 34 of 2024. 7. Accordingly, this criminal appeal is allowed and impugned order dated 02.04.2024 is set aside with respect to these appellants only. Suruchi/- (Prabhat Kumar Singh, J) U T