IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2353 of 2024 Arising Out of PS. Case No.-157 Year-2021 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== 1 . Bed Prakash Pandey Brij Kishore Pandey Resident of village-baliwan sagar P.S.- vishambharpur, District-Gopalganj 2. Satya Prakash Pandey S/o Brij Kishore Pandey Resident of village-baliwan sagar P.S.- vishambharpur, District-Gopalganj 3 . Shyam Prakash Pandey S/O Brij Kishore Pandey Resident of village- baliwan sagar P.S.- vishambharpur, District-Gopalganj 4. Ram Prakash Pandey S/O Brij Kishore Pandey Resident of village-baliwan sagar P.S.- vishambharpur, District-Gopalganj ... ... Appellant/s Versus 1 . The State of Bihar 2. Rugdi Devi Wife of Seshnath Gode Resident of village-baliwan Raimal, P.S.- vishambharpur, District-Gopalganj ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Upendra Yadav , Advocate For the Respondent/s : Mr. Binay Krishna, Spl. PP For respondent No. 2 : Mr. Kumar Kaushlendra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 20-02-2025 Heard learned counsel for the parties. 2. This appeal has been filed for setting aside order dated 16.04.2024 passed in a case registered for the offence punishable under sections 341 , 323 , 354 ( b ) 379, 504, 506 and 34 of the Indian Penal Code and sections 3(1) ( r ) ( S ) (w) , 3 ( 2 ) ( v ) (a) of the Scheduled Castes and Scheduled Tribes Act, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , on 12.12.2020, while Patna High Court CR. APP (SJ) No.2353 of 2024(4) dt.20-02-2025 2/3 informant was on her doorstep , in the meantime , petitioner No. 3 began urinating in front of her house and upon protest , he abused her and thereafter all the accused persons came and abused her by caste name and they caught hold of her hair and dragged her and assaulted her with kicks and shoes. It is further alleged that accused persons also snatched her mangalsutra worth Rs. 25,000/-. 4. It is submitted on behalf of these appellants that both the parties are co-villagers. These appellants are innocent and have committed no offence as alleged. No specific overt act is alleged against these appellants. There is admitted land dispute between both the parties and taking advantage of the situation this false and concocted case has been lodged against these appellants. It is not the case of the informant that any member of public was present at the time of incident, as such, no case under SC/ST Act is made out. Appellants claim clean antecedent. 5 . Counsel for the respondent No. 2 and learned Public Prosecutor for the State opposed the prayer for bail. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight Patna High Court CR. APP (SJ) No.2353 of 2024(4) dt.20-02-2025 3/3 weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge – XI cum Exclusive Special Judge under SC/St Act Gopalganj in connection with Vishambharpur Police Station Case No. 157 of 2021 . Koushik/- (Prabhat Kumar Singh, J) U T