IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.7 of 2024 Arising Out of PS. Case No.-80 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1. Prabha Devi wife of Bhagelu Raut Village- Dhekha Kothi ps- Pipra kothi, Dist- E.Champaran 2. Rekha Devi @ Gayatri Devi wife of Chanchal Raut Village- Dhekha Kothi ps- Pipra kothi, Dist- E.Champaran ... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Brajesh Kumar Singh For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 10-07-2025 Heard learned counsel for the parties. Despite valid serviced of notice , nobody appears on behalf of respondent No. 2. 2. This appeal has been filed for setting aside order dated 09.10.2023 passed in a case registered for the offence punishable under sections 341, 323, 324, 307, 354 ( B ), 504, 506, and 34 and other allied sections of the Indian Penal Code and sections 3(i)(r)(s)(f)/3(2)(v)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , on the alleged date and time of occurrence , while informant was returning home Patna High Court CR. APP (SJ) No.7 of 2024(3) dt.10-07-2025 2/3 from school, in the meantime , all the F.I.R. named accused persons stopped motorbike of informant and abused him by caste name . It is further alleged that Appellant No. 1 instigated to cut him whereupon the co - accused Mithu Raut assaulted informant with spade on his head due to which he sustained head injury . When one Anuradha devi came to his rescue then other co-accused persons dragged her by holding her hair and also disrobed her. It is further alleged that co-accused Suraj Raut and Vishal Raut assaulted informant with daab and also abused informant and his family members by caste name . 4. It is submitted that appellants are innocent and has falsely been implicated in this case due to land dispute and previous enmity. There is no allegation of assault against Appellant No. 1 and so far as Appellant No. 2 is concerned, allegation of assault is general and omnibus against him. Injuries are simple in nature . It is not the case of the informant that any member of public was present at the time of incident. Appellants claim clean antecedent. 5 . Learned special Public Prosecutor for the State opposed the bail appeal. 6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellants, Patna High Court CR. APP (SJ) No.7 of 2024(3) dt.10-07-2025 3/3 named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned special Judge sc / st Act East Champaran Motihari in connection with Pipra Police Station Case No. 80 of 2022 . Koushik/- (Prabhat Kumar Singh, J) U T