IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4917 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- PARBATTA District- Bhagalpur ====================================================== Panki Devi @ Pinki Devi Wife of Gholti Paswan R/O Vill.- Japteli, P.S.- Parbatta, Dist.- Bhagalpur. ... ... Appellant/s Versus 1. The State of Bihar 2. Jitendra Paswan S/O Sekho Paswan R/O Vill.- Japteli, P.S.- Parbatta, Dist.- Bhagalpur. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Sunil Kumar Singh, Advocate For the Respondent/s : Ms. Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 19-08-2026 1. Heard learned counsel for the appellant 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 24.06.2025, passed by learned District & Additional Sessions Judge-III-cum-Special Judge, SC/ST Act, Bhagalpur in connection with Parbatta P.S. Case No. 04 of 2025, registered under Sections 126(2), 115(2), 109, 352, 351(2), 351(3) and 3(5) of B.N.S., 2023, Sections 25(1-B)(i), 26 and 27 of Arms Act as well as Sections 3(1)(r)(s), 3(2)(va) of SC/ST (POA) Act. Patna High Court CR. APP (SJ) No.4917 of 2025(4) dt.19-08-2026 2/4 3. Learned counsel appearing on behalf of the appellant submits that from perusal of the office report, it would manifest that the notice has been received by the son of the informant, it is thus, submitted that since son has received the notice, hence, it is deemed to be validly served, the Court concurs with the submission made by the learned counsel appearing on behalf of the appellant, thus, the notice is deemed to be validly served. 4. It is next submitted that appellant is a person with clean antecedent and is a woman and the informant alleges that on hearing sound of firing, he came out of the house and saw Shankar Sharma standing at the door of appellant and was abusing, thus, the informant asked the appellant why she has called Shankar Sharma and whom he is abusing, on which, appellant disclosed that she has called Shankar Sharma for killing him, thereafter Shankar Sharma assaulted the informant by butt of pistol causing injury on head and nose, thereafter, the informant snatched his gun and called the police. 5. Learned counsel appearing on behalf of the appellant submits that appellant has been falsely implicated in the instant case by the informant. It is next submitted that the allegation, as alleged in the FIR, does not inspire confidence. It Patna High Court CR. APP (SJ) No.4917 of 2025(4) dt.19-08-2026 3/4 is also submitted that in the nature of allegation, prima facie, no offence under the SC/ST Act is made out, for the reason that informant alleges that on hearing sound of firing, he came out of the house and saw Shankar Sharma abusing, as such, he asked the appellant why she has called him and whom he is abusing, which amply demonstrates that Shankar Sharma was not abusing the informant or else the informant would not have asked the appellant whom Shankar Sharma is abusing. It is next submitted that no specific allegation of assault is alleged against the appellant. It is further submitted that Shankar Sharma had moved this Court seeking anticipatory bail by filing Criminal Appeal (SJ) No. 2107 of 2025 and the same came to be allowed by an order dated 03.12.2025. It is further submitted that case of the appellant is on a better footing. 6. The learned Special PP for the State oppose the appeal. 7. Considering the submissions made by learned counsel for the appellant, let appellant, above named, in the event of her arrest or surrender within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the Patna High Court CR. APP (SJ) No.4917 of 2025(4) dt.19-08-2026 4/4 satisfaction of the learned Trial Court where the case is pending in connection with Parbatta P.S. Case No.04 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 8. Accordingly, the impugned order is set aside and this appeal stands allowed. Rishabh/- (Satyavrat Verma, J) U T