IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.687 of 2025 Arising Out of PS. Case No.-284 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== Murari Singh @ Krishna Murari Singh @ Krishna Murari Son of Bhola Singh Residnet of Village- Ramban, Brahm Asthan, PS- Pakaridayal, Ditrict- East Champaran ... ... Appellant/s Versus 1. The State of Bihar 2. Rina Devi Wife of Rajkumar Paswan Resident of Village- Ramban, Brahm Asthan, P.S.- Pakaridayal,Distt.- East Champaran ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Radha Mohan Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 4 25-02-2026 Heard learned counsel for the appellant and learned Special Public Prosecutor appearing for the State. Although the notice has been validly served upon respondent No.2, there is no representation on his behalf. 2. This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been directed against the order dated 21.10.2024 passed by learned Special Judge (SC/ST), East Champaran, Motihari, in A.B.P. No. 4032 of 2024 in connection with Pakaridayal P.S. Case No. 284 of 2023, registered under Sections 147, 148, 149, 120B, 354B, 307, 379, 386, 387/34 of the I.P.C., under Section 27 of the Arms Act read with Sections Patna High Court CR. APP (SJ) No.687 of 2025(4) dt.25-02-2026 2/4 3(1)(a)(d), 2(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for grant of anticipatory bail of the appellant has been rejected. 3. As per the prosecution case, on 27.03.2021 at 05:00 P.M., the appellant along with co-accused persons armed with weapons, went to the door of the informant, Rina Devi, and hurled caste-based slurs at her. When she raised objection, co- accused Bhola Singh started assaulting her by means of iron rod as a result of which blood started oozing out from her private part and co-accused Bhairav Singh and Murari Singh torn her cloth and tried to outrage her modesty. On hulla, Raj kumar Paswan (husband of the informant) came to rescue her then co- accused Bhola Singh, Bhiarav Singh and Baliram Singh along with 3-4 unknown persons took him to the bank of river and also assaulted him brutally and threw him in the river. It is further alleged that on 05.04.2021 at about 04:00 P.M., the informant along with her husband was returning her home, in the meantime, the appellant along with co-accused persons surrounded them and started abusing by calling their caste name and the appellant threatened them on the point of pistol and co- accused persons snatched Rs. 1200/- from the pocked of Raj Kumar Paswan and the appellant fired upon the husband of the Patna High Court CR. APP (SJ) No.687 of 2025(4) dt.25-02-2026 3/4 informant but the bullet did not hit him. It is further alleged that the reason behind the occurrence is that the accused took Rs. 4000/- from the informant and when she demanded her money the present occurrence took place. 4. Learned counsel appearing for the appellant submits that the appellant bears clean antecedent and is innocent. It has been further alleged that no marks of violence was found at the place of occurrence and no empty cartridges were recovered from there. It is also submitted that there is no injury report on record to substantiate the allegation, demand of ransom, theft, and molestation does not appear to be probable in the facts of the case. As regards allegation of abuse with the caste name attracting the rigours of SC & ST Act is concerned, it is not committed in a public place nor any person has been named to be present at the place of occurrence when the alleged offence of abuse was being committed. He further submits that no case, as alleged in the F.I.R, attracting rigours of SC & ST Act, is made out against the appellant. Hence, the impugned order may be set aside and the appellant may be granted the privilege of anticipatory bail. 5. Learned Special Public Prosecutor for the State has vehemently opposed the prayer for grant of anticipatory bail Patna High Court CR. APP (SJ) No.687 of 2025(4) dt.25-02-2026 4/4 to the appellant. 6. Considering the entire facts and circumstances of the case and also the fact that the appellant bears clean antecedent coupled with the fact that no marks of violence was present at the place of occurrence and the allegation does not appear to be within public view, let the above named appellant in the event of his arrest/surrender within a period of six weeks be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (SC/ST), East Champaran, Motihari, in connection with Pakaridayal P.S. Case No. 284 of 2023, subject to the conditions laid down under Section 482(2) of the B.N.S.S/Section 438(2) of the Cr.P.C. 7. Accordingly, this appeal is allowed and the impugned order dated 21.10.2024 rejecting the prayer for grant of anticipatory bail to the appellant is, hereby, set aside. Jyoti/- (Praveen Kumar, J) U T