IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4067 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- Patauna District- Madhubani ====================================================== 1. Md. Saddam @ Saddam S/O Md. Barik @ Abdul Barik Resident of village - Bhairava, P.S- Bisfi, District- Madhubani 2. Yasmin Praveen @ Aasween Praween W/O Md. Saddam @ Saddam Resident of village - Bhairava, P.S- Bisfi, District- Madhubani ... ... Appellant/s Versus 1. The State of Bihar 2. Rajesh Sadey S/O Shiv Shankar Saday R/O Vill.- Manirabad Jagwan, P.S- Patauna, Dist- Madhubani ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Subhash Kumar Jha, Advocate For the Respondent/s : Ms. Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 13-08-2026 1. Heard learned counsel for the appellants and learned Special P.P. for the State, Ms. Usha Kumari 1. 2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 03.09.2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Madhubani in connection with Patauna P.S. Case No. 34 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 118(2), 109, 145, 318(4), 352, 351(2) and 3(5) of the Patna High Court CR. APP (SJ) No.4067 of 2025(5) dt.13-08-2026 2/5 BNS, 2023 read with Sections 3(i) (r) (s) and 3(2)(v) of the SC/ST Act. 3. Learned counsel for the appellants submits that from perusal of the office report dated 02.02.2026, it would manifest that father of the informant received the notice. 4. Since father of the informant has received the notice, as such, the notice is deemed to be validly served. 5. It is next submitted that appellants are persons with clean antecedent and the informant alleges that two years ago with permission of his parents, he had gone to Jaipur for studying and playing with the child of the appellants and also for working in their house, it is next alleged that informant used to play with the child of the appellants and did work of picking up of bangles, further the informant one day demanded food from Yasmin Praveen, but she told him to first pick up the bangles and thereafter only food shall be given, on which the informant objected, hence she assaulted him and burnt his several body parts with hot iron rod and thus he became injured and was unable to walk and came back home along with his cousin Bechan Sadai. 6. Learned counsel for the appellants submits that appellants have been falsely implicated in the instant case by the Patna High Court CR. APP (SJ) No.4067 of 2025(5) dt.13-08-2026 3/5 informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that he had gone to Jaipur for studying and at the same time to work in the house of the appellants and one day when he demanded food, the appellant no. 2 asked him first to complete the work, thereafter only food shall be given and on the said issue, it appears that the informant objected leading to the occurrence. It is next submitted that from perusal Annexure- 2 to the appeal, it would manifest that informant was examined by the doctor on 29.04.2025 and the FIR came to be instituted on 03.05.2025, it is thus submitted that it appears that the injury report is prior to the institution of the instant FIR, which casts an aspersion on the case of the prosecution. 7. Learned Special P.P. for the State opposes the appeal and submits that no doubt the informant was examined by the doctor for his injuries on 29.04.2025 and the FIR came to be instituted on 03.05.2025, but then it might be a possibility that after the informant came back from Jaipur, he was admitted in Sadar hospital, Madhubani where his examination commenced and thereafter his fardbayan was recorded on 03.05.2025 in the surgical ward. It is also submitted that from perusal of the injury report, it would manifest that the same Patna High Court CR. APP (SJ) No.4067 of 2025(5) dt.13-08-2026 4/5 records that multiple old healing scaring present on face, limbs and abdomen, multiple abrasion present over both hands, lacerated wound over upper lips and swelling over right elbow with scar and the injury over right elbow with scar has been opined to be grievous in nature caused by hard and blunt substance. It is also submitted that informant is a minor and he specifically alleges that Yasmin Praveen assaulted him and even burnt her, on which the learned counsel appearing on behalf of the appellants submits that informant does not allege any overt act against the appellant no. 1. 7. After hearing the learned counsel for the parties, the order dated 03.09.2025 passed by the learned 1st Additional Sessions Judge-cum-Special Judge, Madhubani in connection with Patauna P.S. Case No. 34 of 2025, is hereby set aside only with respect to appellant no. 1, as such, appellant no. 1 above-named, in the event of her arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Patauna P.S. Case No. 34 of 2025 subject to the conditions as laid down under Section 482 (2) of Patna High Court CR. APP (SJ) No.4067 of 2025(5) dt.13-08-2026 5/5 the BNSS. 8. However, the Court is not inclined to extend the anticipatory bail to the appellant no. 2 (Yasmin Praveen @ Aasween Praween). 9. Accordingly, the appeal stands partly allowed. 10. Pending application(s), if any, shall also stand disposed of. Rishabh/- (Satyavrat Verma, J) U T