IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2284 of 2024 Arising Out of PS. Case No.-46 Year-2020 Thana- MAIGRA District- Gaya ====================================================== 1. Raghuni Yadav S/O Dhanushdhari Yadav R/O Village- Tarwadih, P.S.- Maigra, District- Gaya 2. Rajendra Yadav @ Rajendra Kumar Yadav S/O Chanarik Yadav R/O Village- Tarwadih, P.S.-Maigra, District- Gaya 3. Munarik Yadav S/O Sita Yadav R/O Village- Tarwadih, P.S.-Maigra, District- Gaya 4. Dwarik Yadav S/O Sita Yadav R/O Village- Tarwadih, P.S.-Maigra, District- Gaya ... ... Appellant/s Versus 1. The State of Bihar 2. Rita Devi W/O Ravindra Bhuiyan R/O Village- Khajura, P.S.- Maigra, District- Gaya, At present Village- Hariowara, P.S.- Maigra District- Gaya ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sudhir Kumar Sinha, Advocate For the Respondent/s : Ms. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 15-05-2025 Despite valid service of notice, none appears on behalf of the Respondent No. 2. 2. Heard learned counsel for the appellants and learned Spl. Public Prosecutor for the State. 3. This appeal has been filed against the order dated 03.04.2024 passed by learned Exclusive Special Judge, SC/ST, Gaya in connection with ABP No. 111 of 2024 arising out of Maigra P.S. Case No. 46 of 2020, registered under Sections 147, 149, 341, 323, 504, 506/34 of the Indian Penal Code and Patna High Court CR. APP (SJ) No.2284 of 2024(4) dt.15-05-2025 2/3 Section 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellants has been rejected. 4. Prosecution story, in brief, is that husband of the informant had painted water tank of co-accused Rahul Yadav and when informant went to demand the due wages on behalf of her husband, all the F.I.R. named accused persons including these appellants assaulted her and her son and abused them by caste name. 5. Learned counsel for the appellants submits that appellants are innocent and have committed no offence. Specific accusation of assault is against co-accused Narayan Yadav who is alleged to have thrown 2.5 years old son of the informant on ground. Allegation of assault against appellants is general and omnibus. There is no injury report on record to substantiate the allegations levelled against appellants. Moreover, 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 against appellants. Appellants claim clean antecedent. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. Considering the nature of accusation and clean Patna High Court CR. APP (SJ) No.2284 of 2024(4) dt.15-05-2025 3/3 antecedent, 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, Gaya in connection with Maigra P.S. Case No. 46 of 2020. 8. Accordingly, this criminal appeal is allowed and impugned order dated 03.04.2024 is set aside with respect to these appellants only. Navya/- (Prabhat Kumar Singh, J) U T