( 2025:JHHC:23340 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 296 of 2025 1. Nunman Sao 2. Manoj Sao 3. Ramji Sao … Appellants Versus 1. The State of Jharkhand 2. Nirpat Ram …… Respondents ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Appellants : Mr. Sudeep Ranjan, Advocate For the State : Mr. Bishambhar Shastri, A.P.P. For the Resp. No. 2 : Mr. Mahesh Kr. Sinha, Advocate ….. Order No. 04/ Dated: 11.08.2025 This Criminal Appeal has been filed on behalf of the appellants for grant of anticipatory bail by challenging the order dated 28.02.2025 passed in A.B.P No.266 of 2025 by the learned Additional Sessions Judge-I, Giridih by which the anticipatory bail application preferred by the appellants have been rejected in connection with Giridih (ST/SC) P.S. Case No.27 /2023, corresponding to SC/ST Protest cum Complaint Case No. 48 of 2024, instituted under Sections 323/379/504/506/34 of the IPC and Section 3 (1) (r) (s) of SC/ST ( Prevention of Atrocities) Act which is pending in the Court of Sri Manoj Chandra Jha, learned Additional Session Judge-I-cum- Special Judge, Giridih. 2 The prosecution case on the basis of the Protest-cum- Complaint Case filed by the respondent no.2, in brief, is that the ancestor of the complainant namely Late Churaman Dusadh had acquired the land under khata no.22/46 appertaining to plot no. 101/775 measuring an area of 73 decimals out of 1.45 acres, from the landlord Narayan Deo in ( 2025:JHHC:23340 2 the year, 1936. It is stated that the complainant had constructed an abestor house as well as compound wall over the same. However, that the said house was brought down by the appellants namely Nunman sao, Manoj Sao and Ramji Sao and compound wall was also demolished by them on 26.06.2023, when Jago Ram was going to Sirmatand for some work and seeing the broken house and demolished compound wall of the complainant, he informed him about the same on phone. Thereafter, the complainant reached there and inquired about the same. At the same time the present appellants came armed with weapons and abused him calling his caste name . It is further alleged that the appellants also started assaulting him with fists and slaps and threatened him of dire consequences and the appellants took out Rs.2000/- from his pocket. Thereafter, the matter was reported to the police on 26.06.2023, but the police in collusion with the accused persons, did not take any action against them and after that he reported the matter before the officer-in-charge, SC/ST P.S. Giridih. In the meantime, the police also registered an F. I. R. bearing SC/ST P. S. Case No.27/2023 and had submitted final form stating therein that it is a civil dispute. Then, the complainant filed a protest-cum-complaint petition. 3. Heard learned counsel for the appellants and learned APP as well as learned counsel for the Informant. 4. Learned counsel for the appellants has submitted that the appellants are innocent and have not committed any offence. It is submitted that a Joint Compromise Petition was filed by the appellants and the Informant-cum- complainant on 15.07.2025 before the learned Court below duly signed ( 2025:JHHC:23340 3 by the Complainant as well as appellants and which has been enclosed as Annexure-1 to the supplementary affidavit dated 07.08.2025, filed by the appellants. It is submitted that even the complainant had filed the Title Suit bearing No. O.S No. 155/23 before the learned Civil Judge Senior Division -I Giridih with regard to land in question and which shows that there is civil dispute between both the parties. It is submitted that the police has submitted final form in favour of the appellants on 09.06.2024 with regard to the F.I.R bearing No. Giridih (SC/ST) P.S. Case No. 27 of 2023 lodged by the Informant -Complainant. It is submitted that now the case has been compromised between the parties and both the sides have filed the Joint Compromise Petition before the Court below on 15.07.2025 which has been duly signed by the informant and appellants and which is enclosed in the Supplementary Affidavit dated 07.08.2025 as Annexure- 1 filed by both the sides before the learned Court below hence, the appellants may be enlarged on anticipatory bail. 5. On the other hand, learned APP has raised no objection. 6. On the other hand, learned counsel for the Respondent No. 2 also raised no objection and has submitted that the case has been compromised between the parties and also admitted the factum of compromise between the appellants and the Respondent No. 2. It is further submitted that Respondent no. 2 has no grievance against the appellants and he has also filed Joint Compromise Petition with the appellants before the learned Court below on 15.07.2025 and hence, an appropriate order may be passed. 7. Perused the Records and considered the submissions of both the sides. ( 2025:JHHC:23340 4 8. It appears that the Informant had lodged FIR against the appellants on 11.09.2023 for the offences under Sections 323/379/504/506/34 of the IPC and Section 3 (1) (r) (s) of SC/ST (Prevention of Atrocities) Act. 9. However, the police had submitted final form in favour of the appellants on 10.06.2024 which has been enclosed as Annexure -3 in supplementary affidavit dated 20.06.2025. 10. Thereafter the complainant has filed protest-cum- complain petition against the appellants on 02.07.2024. 11. It also appears that the appellant No. 1 had earlier instituted Original Suit No. 155 of 2023 against the Informant on 14.08.2023 with regard to the land in dispute and thereafter the Informant had lodged FIR against the appellants on 11.09.2023. 12. This appears to be a case of land dispute between the parties and now the case has been compromised between the appellants and the Complainant-Respondent No. 2. 13. Under the circumstances, impugned order dated 28.02.2025 passed in ABP No.266 of 2025 by the learned Additional Sessions Judge-I, Giridih in connection with arising out of Giridih (ST/SC) P.S. Case No.27 /2023, corresponding to SC/ST Protest-cum-Complaint Case No. 48 of 2024 is set aside. 14. Accordingly, considering the compromise between the parties and in the facts and circumstances of this case, the appellants namely Nunman Sao, Manoj Sao and Ramji Sao are directed to surrender before the learned Court below within six (06) weeks from today and in the event of their arrest or surrender, the appellants are directed to be released ( 2025:JHHC:23340 5 on bail, on furnishing bail bonds of Rs.15,000/- each with two sureties of the like amount each, to the satisfaction by the learned Additional Sessions Judge-I, Giridih or his Successor Court in connection with Giridih (ST/SC) P.S. Case No.27 /2023, corresponding to SC/ST Protest cum Complaint Case No. 48 of 2024. 15. Thus, this Criminal Appeal (SJ) No.296 of 2025 is allowed and stands disposed of. (Sanjay Prasad, J.) Bibha/-