IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2072 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1. Babita Devi Wife Of Shyam Kapar @ Shyam Kumar Resident of kali mandir ward no 35 p.h.e.d colony p.s -nagar district -begusarai 2. Shyam Kumar @ Shyam Kapar s/o Ram Balk Rai Resident of kali mandir ward no 35 p.h.e.d colony p.s -nagar district -begusarai ... ... Appellant/s Versus 1. The State of Bihar 2. Indu Devi Daughter Of Late Motilal Ram Resident of kali mandir ward no 35 p.h.e.d colony p.s -nagar district -begusarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor For the R.No. 2 : Mr. Dhananjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 13-02-2025 Heard learned counsel for the parties. 2. This appeal has been filed against the order dated 13.03.2024 passed by learned Exclusive Special Judge, SC/ST Act, Begusarai in connection with A.B.P. No. 359 of 2024 arising out of Town P.S. Case No. 65 of 2024, registered under Sections 363, 506/34 of the Indian Penal Code and Section 3(i) (r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 3. Allegation against these appellants is that they abused Patna High Court CR. APP (SJ) No.2072 of 2024(5) dt.13-02-2025 2/3 informant and her family members by taking caste name and thereafter, kidnapped son of the informant for ransom. 4. Learned counsel for the appellants submits that appellants are innocent and have falsely been implicated in this case. As a matter of fact, it is son of the informant who has kidnapped minor daughter of appellants on 23.12.2023 and present case has been filed in retaliation to the case lodged by the appellants bearing Town P. S. Case No. 798/2023. It is not the case of informant that 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 as learned counsel for the informant 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 Exclusive Special Judge, SC/ST Act, Begusarai in connection with Town P.S. Case No. 65 of 2024. 7. Accordingly, this criminal appeal is allowed and Patna High Court CR. APP (SJ) No.2072 of 2024(5) dt.13-02-2025 3/3 impugned order dated 13.03.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T