IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.854 of 2024 Arising Out of PS. Case No.-58 Year-2023 Thana- SC/ST District- Begusarai ====================================================== Rakesh Kumar @ Raushan S/o Ramesh Kumar @ Ramesh Kumar Mahto R/o vill - Ajhaur, P.s. - Neemachandpura, Dist. - Begusarai ... ... Appellant/s Versus 1. The State of Bihar 2. Rita Devi BEGUSARAI 2. Rita Devi W/o Dilip Choudhary R/o vill - Ajhaur, P.s. - Neemachandpura, Distt. - Begusarai ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shashank Shekhar, Advocate For the Respondent/s : Mrs. Usha Kumari 1, Spl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 18-11-2025 Despite valid service of notice, none appears on behalf of the respondent no. 2. 2. Heard learned counsel for the appellant and the State. 3. This appeal has been filed against the order dated 10.11.2023 passed by learned Exclusive Special Judge, SC/ST Act, Begusarai in ABP No. 2283 of 2023 arising out of SC/ST P.S. Case No. 58 of 2023 registered under Sections 341, 323, 354, 504, 506 of the Indian Penal Code and Sections 3(i)(r)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected. Patna High Court CR. APP (SJ) No.854 of 2024(4) dt.18-11-2025 2/3 4. As per prosecution case, on the alleged date and time, this appellant came to the house of informant and on pretext of providing employment under MGNREGA asked for her official documents and later on, taking advantage of her being alone, he tried to misbehave and abused her by caste name. 5. Learned counsel for the appellant submits that appellant is a social worker and often raises his voice against the malpractices of corrupt people. He next submits that on 23.09.2023, appellant registered a complaint against respondent no. 2 and others for illegally availing the benefits under Pradhan Mantri Awan Yojna and subsequently, order dated 20.10.2023 was passed by the Public Grievance Redressal Forum against respondent no. 2 and others and in retaliation to the aforesaid case, this false and concocted case has been lodged. It is solely malicious prosecution against the appellant. Insult was not caused on the basis of caste and as such, no case under SC/ST Act is made out against the appellant. 6. Learned Spl. Public Prosecutor for the State vehemently opposed the bail application. 7. Considering the aforesaid facts, let the appellant, as named above, in the event of his arrest/surrender within a period Patna High Court CR. APP (SJ) No.854 of 2024(4) dt.18-11-2025 3/3 of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Begusarai in connection with SC/ST P.S. Case No. 58 of 2023. 8. Accordingly, this criminal appeal is allowed and impugned order dated 10.11.2023 is set aside with respect to this appellant only. Navya/- (Prabhat Kumar Singh, J) U T