IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1002 of 2025 Arising Out of PS. Case No.-367 Year-2024 Thana- BANIAPUR District- Saran ====================================================== 1. Seema Devi wife of Upendra Giri Village -Banafar, p.s.- Baniyapur, Dist- Saran at Chapara 2. Bishwanath Giri Son of Veyas Giri Village -Banafar, p.s.- Baniyapur, Dist- Saran at Chapara 3. Hewanti Devi Wife of kameshwar Giri Village -Banafar, p.s.- Baniyapur, Dist- Saran at Chapara 4. Upendra Giri Son of Kameshwr Giri Village -Banafar, p.s.- Baniyapur, Dist- Saran at Chapara ... ... Appellant/s Versus 1. The State of Bihar 2. Manoj Kumar Gound son of Late kamaldeo Gound Village -Banafar, p.s.- Baniyapur, Dist- Saran at Chapara ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vijay Kumar For the Respondent/s : Ms. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 17-08-2026 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 06.01.2025 in A.B.P. No. 4069 of 2024 passed by Sri Raghuwansh Narayan, learned Exclusive Special Judge S.C./S.T. (POA) Act, Chapra, Saran in connection with Patna High Court CR. APP (SJ) No.1002 of 2025(5) dt.17-08-2026 2/4 Baniyapur P.S. Case No. 367 of 2024 registered for the offences punishable under Sections 127(1), 115(2), 109, 117(2), 76, 352, 351(2) and 3(5) of the BNS, 2023 as well as Sections 3(1)(r), 3(1)(s) and 3(2) of the SC/ST Act. 3. Learned counsel appearing on behalf of the appellants submits that the notice has been received by the wife of the informant, it is thus submitted that notice has been validly served. 4. Since notice has been received by the wife of the informant, hence, it is deemed to be validly served. 5. It is next submitted that appellants are persons with clean antecedent and appellant nos. 1 and 3 are women and the informant alleges that on 07.08.2024 at 07:00 AM, his son was lying pipe for sowing seeds, when Seema Devi assaulted him by lathi and abused by taking caste name on the ground that why he was laying the pipe through her land, on alarm the wife of the informant went to save her son, when named accused persons came and Vishwanath abused by taking caste name, further Upendra assaulted by axe causing fracture of his hand and repeated the blow causing injury on his (informant) head while Kameshwar assaulted by knife causing injury on hand, further his wife was unveiled and Upendra and Kameshwar tried Patna High Court CR. APP (SJ) No.1002 of 2025(5) dt.17-08-2026 3/4 to commit rape. 6. Learned counsel appearing on behalf of the appellants submits that appellants have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is also submitted that though it is alleged that the assault was made by knife, but then injury has been caused by hard and blunt substance. It is further submitted that allegation of unveiling the wife of the informant with an intention to commit rape is an exaggerated allegation. It is also submitted that the dispute has to be viewed in backdrop of a land dispute. It is next submitted that no specific allegation is alleged against appellant nos. 2 and 3. It is further submitted that this perhaps explains why the informant despite receiving notice chooses not to appear and contest. It is next submitted that even the order impugned does not record about the injury. It is next submitted that allegation of abuse is general and omnibus in nature. 7. Learned Special P.P. for the State opposes the appeal. 8. In view of the submissions made by the learned counsel for the appellants, the order dated 06.01.2025 in A.B.P. No. 4069 of 2024 passed by Sri Raghuwansh Narayan, learned Patna High Court CR. APP (SJ) No.1002 of 2025(5) dt.17-08-2026 4/4 Exclusive Special Judge S.C./S.T. (POA) Act, Chapra, Saran in connection with Baniyapur P.S. Case No. 367 of 2024, is hereby set aside and the appellants above-named, in the event of their 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) each 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 Baniyapur P.S. Case No. 367 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS. 9. Accordingly, the appeal stands allowed. 10. Pending application(s), if any, shall also stand disposed of. Rishabh/- (Satyavrat Verma, J) U T