2026:JHHC:18486 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (S.J) No.881 of 2025 ---- 1. Sugiya Devi, aged about 71 years, wife of Late Suresh Oraon 2. Veenita Oraon, aged about 35 years, daughter of Late Suresh Oraon 3. Sunita Oraon @ Sunita Toppo, aged about 32 years daughter of Late Suresh Oraon. Above S. No.1 to 3 residence of Bariatu Peri Tola, Jora Talab, P.O. & P.S. Bariatu, District Ranchi 4. Md. Israil Ansari, aged about 60 years, Son of Md. Israil Ansari, residence of Baragain Lem, P.S. Sadar, P.O. Lem Baragain, District Ranchi 5. Salim Ansari, aged about 40 years, Son of Israil Ansari residence of Baragain Lem, P.S. Sadar, P.O. Lem Baragain District Ranchi 6. Chotu Oraon aged about 34 years son of Late Vishwanath Oraon residence of Baragain Pahan Toli, P.S. Sadar, P.O. Lem Baragain, District Ranchi 7. Reeta Devi, aged about 30 years wife of Chotu Oraon residence of Baragain Pahan Toli, P.S. Sadar, P.O. Lem Baragain, District Ranchi …. …. Appellant(s) -Versus- 1. The State of Jharkhand 2. Arjun Oraon, Son of Late Bhagat Oraon, residence of Village-Baragain, P.S. Sadar, P.O. Lem Baragain District Ranchi …. …. Respondent(s) ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Appellants : Mr. Sourabh Kumar Das, Adv. For the State : Mr. Rajesh Kumar, A.P.P For the Respondent No.2 : Ms. K. Pragati R. Narayan, Adv. ---- 07/Dated: 24th June, 2026 1. The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. Heard learned counsel for the appellants and learned counsel for the State and learned counsel for the respondent No.2/victim. 3. It is well settled that although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in case where no prima facie offence under the Act is made out. 4. The present appeal has been filed against the order dated 12.08.2025 passed by the learned Additional Judicial Commissioner-II-cum Special Judge, 2026:JHHC:18486 2. Criminal Appeal (S.J) No.881 of 2025 SC/ST Act, Ranchi in A.B.P No.1632 of 2025 in connection with Sadar P.S. Case No.113 of 2025, for the offences under Sections 316(2), 318(2), 336(3), 338, 3(5) of the BNS, 2023 and Sections 3(1)(f)(r)(s), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The case is presently pending in the Court of Additional Judicial Commissioner-II-cum Special Judge, SC/ST Act, Ranchi. 5. It has been submitted by the learned counsel for the appellants that some of the accused are also members of the Scheduled Tribe community. 6. It is settled principle of law that if a crime has been committed by a group and some of the members of the said group belong to a Scheduled Caste or Scheduled Tribe, then the provision of SC/ST (PoA) Act cannot be invoked. On that point, they cannot be made accused under the SC/ST (PoA) Act. Accordingly, the prayer for anticipatory bail has been made. 7. Learned counsel for the State and the learned counsel for the respondent No.2 have opposed the prayer for anticipatory bail. 8. Considering the above facts, I am inclined to grant anticipatory bail to the appellants. Accordingly, the appellants, named above, are directed to surrender in the trial court within four weeks from the date of receipt/production of a copy of this order, and in the event of their arrest or surrender, they shall be enlarged on anticipatory bail, on their furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner- II-cum Special Judge, SC/ST Act, Ranchi in connection with Sadar P.S. Case No.113 of 2025, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellant(s) will submit self-attested photocopy of his /her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active and will not change it without prior permission of the court, till conclusion of the case. 9. In the result, the present criminal appeal stands allowed and accordingly, disposed of. (Rajesh Kumar, J.) Dated: 24th June, 2026 Raja/- Uploaded on 25.06.2026