IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2679 of 2025 Arising Out of PS. Case No.-12 Year-2024 Thana- SC/ST District- Sheohar ====================================================== Suraj Pandit S/o Late Vakil Pandit Resident of Village- Kushahar, P.S.- Tariyani, District- Sheohar ... ... Appellant/s Versus 1. The State of Bihar 2. Soni Devi W/o Suraj Pandit R/o Vill- Kushahar, P.S.- Tariyani, Distt- Sheohar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Lokesh Kumar, Adv For the Respondent/s : Mr. Binay Krishna, Sp.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 11-09-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State, however, notice has been issued to the respondent no. 2 but she refused to take notice. Hence, notice upon respondent no. 2 deemed to be validly served on refusal ground. 2. This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the SC/ST Act) against the refusal of prayer of bail vide order dated 10.06.2025 passed by the learned District and Additional Sessions Judge-1st-Cum-Special Judge, SC/ST Act, Sheohar in connection with SC/ST P.S. Case No. 12/2024 dated 12.09.2024, SC/ST Case No. 28/2024 registered for the Patna High Court CR. APP (SJ) No.2679 of 2025(3) dt.11-09-2025 2/3 offence/s punishable u/s 341, 328, 354B and 498A of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(1)(w)(ii) and 3(2) (va) of the SC/ST Act. 3. As per the prosecution case, the appellant and the co-accused persons are alleged to have tortured the complainant mentally and physically due to non-fulfillment of demand of Rs. One lakh and a motorcycle as dowry. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. As per FIR, no member of public was present at the relevant point of time of the incident. There is general and omnibus allegation against the appellant who is husband of the complainant. The appellant neither demanded any dowry nor tortured the complainant. Learned counsel has further submitted that no particular caste name has been called by the appellant hence no case is made out under SC/ST Act. The appellant has no criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 10.06.2025. 5. Learned Spl. P.P. for the State has vehemently opposed the prayer of bail by submitting that the appellant is the husband of the complainant. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the Patna High Court CR. APP (SJ) No.2679 of 2025(3) dt.11-09-2025 3/3 learned counsel for the appellant, the impugned order dated 10.06.2025 passed by the learned District and Additional Sessions Judge-1st-Cum-Special Judge, SC/ST Act, Sheohar in connection with SC/ST P.S. Case No. 12/2024 dated 12.09.2024, SC/ST Case No. 28/2024 is set aside against the appellant. The criminal appeal is allowed. 7. Accordingly, the above named appellant, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-1st-Cum-Special Judge, SC/ST Act, Sheohar in connection with SC/ST P.S. Case No. 12/2024 dated 12.09.2024, SC/ST Case No. 28/2024, with further condition:- (i). The appellant is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the appellant are liable to be cancelled. atul/- (Chandra Prakash Singh, J) U T