IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5221 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Sankit Yadav @ Sankit Kumar S/o Lalan Yadav @ Lolu Yadav R/o Village- Husaina, P.S- Medni Chowki, District- Lakhisarai ... ... Appellant/s Versus 1. The State of Bihar 2. Chanda Devi @ Chandra Devi @ Chandr Devi W/O Shiv Kumar Paswan R/o Village-Paharpur Tal Area, P.S- MedaniChouki, District- Lakhisarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Deep Anshuman, Adv. For the Respondent/s : Mr. Usha Kumari 1, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 4 03-07-2025 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. 2. This is an appeal under Section 14(A)(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 30.09.2024 passed by the learned District and Additional Sessions Judge-1st-cum-Special Judge SC/ST Act, Lakhisarai in connection with Mednichauki P.S. Case No. 128 of 2024 dated 03.06.2024 registered for the offence/s punishable u/ss 341, 323, 354B, 376, 511 of the Indian Penal Code and Sections 3(i)(xi) of SC/ST (PoA) Act. Patna High Court CR. APP (SJ) No.5221 of 2024(4) dt.03-07-2025 2/3 3. As per the prosecution case, the appellant is alleged to have attempted to commit rape on the victim. 4. Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case due to ulterior motive. It is further submitted that there is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. It is further submitted that no member of public was present at the relevant point of time of the incident and hence, no offence under the provisions of SC/ST Act is made out against the appellant. The occurrence took place on 01.06.2024 but the FIR was lodged on 03.06.2024 i.e., delay of two days and there is no explanation for this delay. The appellant has no concern with the alleged offence. The appellant has one criminal antecedent as stated at para 3 of the bail petition. The appellant is in custody since 18.06.2024. 5. Learned Spl.P.P. for the State has vehemently opposed the prayer of bail. 6. In view of the aforesaid facts and circumstances of the case as well as finding substance in the contention of the learned counsel for the appellant, the impugned order dated 30.09.2024 passed by the learned District and Additional Patna High Court CR. APP (SJ) No.5221 of 2024(4) dt.03-07-2025 3/3 Sessions Judge-1st-cum-Special Judge SC/ST Act, Lakhisarai in connection with Mednichauki P.S. Case No. 128 of 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, Lakhisarai in connection with Mednichauki P.S. Case No. 128 of 2024, with a 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. shivam/- (Chandra Prakash Singh, J) U T