IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3109 of 2023 Arising Out of PS. Case No.-50 Year-2019 Thana- SC/ST District- Supaul ====================================================== 1. MAHENDRA MEHTA S/O LATE SUKHDEV MEHTA R/O Village- Jitkiyahi, P.S- Pipra, Distt.- Supaul. 2. Pradeep Mehta @ Pradeep Kumar S/O Jagdish Mehta R/O Village- Jitkiyahi, P.S- Pipra, Distt.- Supaul. 3. Ranjeet Mehta @ Ranjeet Kumar S/O Mahendra Mehta R/O Village- Jitkiyahi, P.S- Pipra, Distt.- Supaul. 4. Kishor Mehta @ Kishor Kumar S/O Mahendra Mehta R/O Village- Jitkiyahi, P.S- Pipra, Distt.- Supaul. 5. Umesh Mehta S/O Late Sukhdev Mehta R/O Village- Jitkiyahi, P.S- Pipra, Distt.- Supaul. 6. Krishna Kumar @ Krishna Kumar Mehta S/O Umesh Mehta R/O Village- Jitkiyahi, P.S- Pipra, Distt.- Supaul. 7. Pramod Mehta @ Pramod Kumar S/O Jagdish Mehta R/O Village- Jitkiyahi, P.S- Pipra, Distt.- Supaul. ... ... Appellant/s Versus 1. The State of Bihar 2. Reena Devi W/O Bechan Paswan R/O Village- Jitkiyahi, P.S- Pipra, Distt.- Supaul. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr .Arun, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 03-07-2025 Heard learned counsel for the parties. Despite valid service of notice , no body appears on behalf of respondent No. 2. 2. This appeal has been filed for setting aside order dated 31.05.2023 passed in a case registered for the offence punishable under sections 341 , 323 , 354 ( B ), 427 504, 506 Patna High Court CR. APP (SJ) No.3109 of 2023(5) dt.03-07-2025 2/3 and 34 of the Indian Penal Code and sections 3(1) ( r ) ( s ), 3 ( 2 ) (va) / 3 ( i ) (z) 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 12.09.2018 , while informant was constructing hut on the land in question , in the meanwhile , all the accused persons came there and appellant No. 1 abused her by caste name and rest of the appellants assaulted her husband with fists and slap . 4. It is submitted on behalf of these appellants that as per F.I.R., the alleged occurrence took place on 12.09.2019 but the present case has been filed on 02.12.2019 i. e ,. after lapse of 3 months, for which there is no plausible explanation which itself creates doubt over the veracity of the entire prosecution case . It is further submitted that prior to lodging the present case , appellant No. 5 has filed T.S No. 234 / 19 on 05.09.2019 in Court below against the husband of informant and in retaliation this false and concted case has been lodged. 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 . Learned Public Prosecutor for the State opposed Patna High Court CR. APP (SJ) No.3109 of 2023(5) dt.03-07-2025 3/3 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 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 I Supaul Special Judge sc / st Act Supaul in connection with A B P No. 500 / 23 arising out of sc /st Police Station Case No. 50 of 2019. Koushik/- (Prabhat Kumar Singh, J) U T