2025:JHHC:38611 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 730 of 2024 …. 1. Sunil Kumar Yadav age about 40 years S/O Jitan Yadav 2. Pinku Yadav age about 34 years S/O Nageshwar Yadav 3. Govind Yadav @ Robind Kumar Yadav age about 40 years S/O Late Nageshwar Yadav 4. Awadh Prasad Yadav @ Awadh Yadav age about 49 years S/O Jitan Yadav 5. Naresh Kumar Yadav @ Naresh Yadav age about 25 years S/O Late Nageshwar Yadav 6. Suresh Yadav age about 51 years S/O Jitan Yadav 7. Lakhan Yadav @ Lukhan Prasad Yadav age about 53 years S/O Jitan Yadav All are R/O Village- Rupnadih, PO- Argali, PS- Dhanwar, OP- Person, District- Giridih …… Appellants Versus 1. The State of Jharkhand 2. Khemia Devi W/O Sukar Turi R/O Village- Salaydih, Leel Tand PO- Argali, PS- Dhanwar, OP- Person, District- Giridih ..… Respondents ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellants : Mr. Arwind Kumar, Advocate For the State : Mr. Shree Prakash Jha, A P. P. For the Resp. No. 2 : None. …… ORAL ORDER IN COURT ……. 09/08.12.2025 The Cr. Appeal (SJ) No. 730 of 2024 has been filed on behalf of the appellants under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, for apprehending their arrest in connection with Giridih P.S. Case No. 06 of 2021 corresponding to SC/ST Case No. 06 of 2021 registered for the offence under Section 147/148/149/323/341/354(B)/427/ 504/506 of the Indian Penal Code and Section 3 (i)(r)(s) of the SC/ST Act by which the prayer for Anticipatory Bail of the appellants has been rejected vide order dated 18.12.2023 passed by Sri Gopal Pandey learned Special Judge, SC/ST Act, Giridih in A.B.P. No. 2069 of 2023. 2025:JHHC:38611 2 2. As per the FIR, arising out of Complaint Case No. 08 of 2021, it has been alleged that all the appellants had arrived on 15.10.2020 at land of the Informant, while she was constructing wall of her ancestral land and abused her in the name of her caste and assaulted her. It is also alleged that Nageshwar Yadav caught her hair and abused her in the name of her caste. 3. Heard learned counsel for the appellants and learned counsel for the State. However, despite valid service of notice upon the respondent no. 2, none had appeared on 12.11.2024, 07.01.2025 and 13.01.2025, 08.09.2025 and 03.11.2025 and even today also none appears on behalf of the respondent no. 2. 4. Learned counsel for the appellants has submitted that the impugned order passed by the learned Court below is illegal, arbitrary and not sustainable in eye of law. It is submitted that the appellant is innocent and has committed no offence and has been falsely implicated in case. It is submitted that subject matter of the land of FIR bearing Khata No. 47, Plot No. 1459 Mouza Salaidih, District- Giridih area four (4) decimal was subject matter of Title Suit No. 164 of 2003. It is submitted that father of the appellant nos. 1, 4, 6 and 7 and father of appellant nos. 2, 3 and 5 are the plaintiffs in Title Suit No. 164 of 2003 and which was decreed in favour of the plaintiffs and the land in question belong to the appellants. It is submitted that this is a case of land dispute. It is submitted that the allegation of assaulting and abusing the Informant in the name of her caste are false and concocted and hence, the appellants may be enlarged on Anticipatory Bail. 5. Learned counsel for the State has opposed the prayer for Anticipatory Bail and has submitted that all the appellants assaulted and abused the Informant and her family members in the name of their Caste. It is submitted that Informant and several 2025:JHHC:38611 3 witnesses i.e. namely Khemia Devi Sukar Turi, Ruby Devi, Guria Devi, whose statement have been recorded at para-14,15,16 and 17 of the case diary, have fully supported the case for assaulting and abusing the Informant in the name of her Caste. It is submitted that forged Hukumnama has been prepared by the sister of the appellants, which has been mentioned in para-29 of the case diary and hence, the prayer for Anticipatory Bail of the appellants may be rejected. 6. Perused the records of this case and considered the submissions of both the sides. 7. It appears from the FIR, arising out of Complaint Case No. 08 of 2021 that all the appellants are alleged to have arrived on 15.10.2020 at land of the Informant, while she was said to be constructing wall of her ancestral land and Nageshwar Yadav caught her hair and abused her in the name of her caste and threatened her of dire consequences and damaged the constructed wall of the Informant. 8. It appears that Jitan Mahto i.e. the father of the appellant nos. 1, 4, 6 and 7 and Nageshwar Mahto i.e.the father of the appellant no. 2, 3 and 5 along with Badri Mahto had filed Title Suit No. 164 of 2003 against the ancestor of the Informant and the said land was decreed in terms of compromise vide Judgment an Decreed dated 02.02.2006 and 17.02.2006 respectively over the said land of Khata No. 47, Plot No. 1459 Mouza Salaidih, District- Giridih. 9. It appears that there is land dispute between the parties, which appears to have been decreed in favour of the ancestors of the appellants on compromise. 10. Considering the facts and circumstances of the case, the appellant no. 1, Sunil Kumar Yadav, the appellant no. 2, Pinku Yadav, the appellant no. 3, Govind Yadav @ Robind Kumar Yadav, the appellant no. 4, Awadh Prasad Yadav @ Awadh Yadav, the appellant no. 5, Naresh Kumar Yadav @ Naresh Yadav, the appellant 2025:JHHC:38611 4 no. 6, Suresh Yadav and the appellant no. 7, Lakhan Yadav @ Lukhan Prasad Yadav are directed to surrender before the learned Court below within six weeks from today and in the event of their arrest or surrender, they are directed to be released on bail, on furnishing bail bond of Rs.15,000/- (Fifteen thousand only) each with two sureties of the like amount each to the satisfaction of Sri Gopal Pandey, learned Special Judge, SC/ST Act, Giridih/ or his Successor Curt in A.B.P. No. 2069 of 2023 arising out of Giridih P.S. Case No. 06 of 2021 corresponding to SC/ST Case No. 06 of 2021. 11. Accordingly, the Cr. Appeal (SJ) No. 730 of 2024 is allowed and the impugned the order dated 18.12.2023 passed by Sri Gopal Pandey, learned Special Judge, SC/ST Act, Giridih in A.B.P. No. 2069 of 2023 arising out of Giridih P.S. Case No. 06 of 2021 corresponding to SC/ST Case No. 06 of 2021 is, hereby, set aside. 12. Thus, the Cr. Appeal (SJ) No. 730 of 2024 is allowed and stands disposed of. (Sanjay Prasad, J.) Dated 08.12.2025 Kamlesh/