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2025 DAILYLAW 92793 (PAT)

Rakesh Rai v. The State of Bihar

CR. APP (SJ)/3205/2024 · 2025-11-12

Partha Sarthy

Criminal Appealbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3205 of 2024 Arising Out of PS. Case No.-470 Year-2022 Thana- GARKHA District- Saran ====================================================== 1. Rakesh Rai S/o Tribhuwan Rai 2. Santosh Rai S/o Sudarshan Rai 3. Sudarshan Rai S/o Late Tarekeshwar Rai 4. Tribhuwan Rai S/o Late Tarkeshwar Rai All are R/o village - Sarai Sah, P.S. - Dariyapur, Distt. - Saran at Chapra ... ... Appellant/s Versus 1. The State of Bihar 2. Gyanti Devi W/o Narayan Ram R/o village - Mubarak Pur, P.S. - Garkha, Distt. - Saran at Chapra ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Vijay Kumar, Advocate For the State : Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 4 12-11-2025 1. Heard learned counsel for the appellants and learned counsel for the State. No one appears on behalf of the respondent no.2 inspite of service of notice. 2. As per the prosecution case, the informant states that while she reached near the Airport, all the accused persons including the four appellants herein abused her in the name of her caste and some of them assaulted her. 3. Learned counsel for the appellants submits that the appellants have been falsely implicated in the case. No such occurrence as alleged in the FIR has taken place. The allegations Patna High Court CR. APP (SJ) No.3205 of 2024(4) dt.12-11-2025 2/2 have been falsely levelled to make out a case under S.C. and S.T. Act. The appellants undertake to cooperate in the investigation/trial. 4. The application for bail is opposed by learned A.P.P. for the State. 5. Having heard learned counsel for the parties and taking into consideration the allegation against the appellants of having abused the informant in the name of her caste within public view together with section 18 of the S.C. and S.T. (Prevention of Atrocities) Act, 1989 and the judgment dated 1.9.2025 of the Hon’ble Supreme Court in SLP (Cr.) no.8169 of 2025 (Kiran vs. Rajkumar Jivraj Jain & Anr.), the instant appeal for grant of anticipatory bail is not maintainable. 6. The appeal is dismissed. 7. The appellants are directed to surrender in the learned Court below within a period of four weeks. Saurabh/- (Partha Sarthy, J) U T