IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3811 of 2024 Arising Out of PS. Case No.-17 Year-2022 Thana- SC/ST District- Banka ====================================================== Raghabendra Singh @ Raghvendra Singh @ Saurav Singh S/O Amod Singh R/o Milki Banhara, P.S- Kharagpur, Distt- Munger, at present residing at Shiv Mandir, B.G. Colony, Maligaow Namba, Near Central Hospital, NFR Maligaow, Guwahati, Assam. ... ... Appellant/s Versus 1. The State of Bihar Bihar 2. Soni Kumari D/O Late Mantu Mehtar R/o Nehru Colony P.H.C. Colony, P.O.- Banka, P.S.- Banka, Dist.- Banka, Pin- 813102. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Uday Bhan Singh For the Respondent/s : Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 5 11-11-2025 Heard learned counsel for the appellant and learned Spl. P.P. for the State. 2. This appeal is preferred against the order dated 19.07.2024 passed by the learned Additional Sessions Judge-I- cum-Special Judge, SC/ST Act, Banka in ABP No. 959 of 2024 by which the anticipatory bail application of the appellant has been rejected in connection with Banka SC/ST P.S. Case No. 17 of 2022 registered for the offence under Sections 376, 313, 504, 506/34 of the Indian Penal Code and under Sections 3(i)(r) (s)/3(2)(va) of the SC/ST Act. 3. As per the prosecution case, the allegation against the appellant is that he has got married with the appellant and Patna High Court CR. APP (SJ) No.3811 of 2024(5) dt.11-11-2025 2/3 thereafter deserted her. 4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as the informant has seven facebook accounts and is also in relationship with a number of persons and therefore the application of the anticipatory bail is maintainable. He further relies upon the Judgment of the Hon’ble Supreme Court in the case of Kiran Vs. Rajkumar Jivraj Jain and Anr. reported in 2025 INSC 1067 and in the case of Hitesh Verma Vs. State of Uttarakhand reported in (2020) 10 SCC 710. 5. Learned counsel for the State has opposed the prayer of the appellant. 6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that because of the dispute in relationship, this false case has been lodged against the appellant. 7. In these circumstances, considering the law laid down by the Hon’ble Supreme Court in the case of Kiran Vs. Rajkumar Jivraj Jain and Anr. (Supra) and in the case of Hitesh Verma Vs. State of Uttarakhand (Supra), this Patna High Court CR. APP (SJ) No.3811 of 2024(5) dt.11-11-2025 3/3 application for grant of anticipatory bail is held to be maintainable. 8. Considering the facts of the case and the rival submissions of the parties, this appeal is allowed and accordingly, the order dated 19.07.2024 passed by the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Banka in ABP No. 959 of 2024 in connection with Banka SC/ST P.S. Case No. 17 of 2022, is hereby set aside. 9. Let the appellants, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, SC/ST Act, Banka/concerned Court below in connection with Banka SC/ST P.S. Case No. 17 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS. Vikas/- (Sandeep Kumar, J) U