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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3945 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- VIJAYEPUR District- Gopalganj ======================================================
1. GAYATRI DEVI Wife of Sita Ram Chauhan Resident of Village - Khiridih, Vijaipur, Post - Bharpurwa, Khiridih, Gopalganj, Bihar
2. Sita Ram Chauhan @ Seetaram Son of Ram Jatan Chauhan Resident of Village - Khiridih, Vijaipur, Post - Bharpurwa, Khiridih, Gopalganj, Bihar
3. Munna Chauhan Son of Sita Ram Chauhan Resident of Village - Khiridih, Vijaipur, Post - Bharpurwa, Khiridih, Gopalganj, Bihar
4. Munib Chauhan Son of Sita Ram Chauhan Resident of Village - Khiridih, Vijaipur, Post - Bharpurwa, Khiridih, Gopalganj, Bihar
5. Anshu Devi @ Anshu Chauhan Wife of Lal Badur Chauhan Resident of Village - Puradakhila, Pura Dakhila, Deoria, Lar Road, Uttar Pradesh ... ... Appellant/s Versus
1. The State of Bihar
2. Nisha Sharma Daughter of Santosh Sharma Resident of village- Khirdih, P.S.-Vijaypur, District- Gopalganj ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ashhar Mustafa, Adv. & Ms. Anita Kumari For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P Mr. Dharam Veer, Adv.for Respondent no. 2 ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 15-01-2026 Heard learned counsel for the appellants, learned Special P.P. for of the State and learned counsel appearing on behalf of respondent no. 2.
2. This appeal has been filed against the order dated 27.07.2021 passed by learned ADJ 1-cum-Special Judge, SC/ST Act, Gopalganj in a case registered under Sections 341, 323, 352, 506 r/w 34 of the Indian Penal Code and Section 3(i) (r)(w) of the SC/ST Act, whereby the prayer for anticipatory bail
Patna High Court CR. APP (SJ) No.3945 of 2021(5) dt.15-01-2026 2/3 of appellants has been rejected.
3. Informant alleges that on 26.01.2021, she was molested, verbally abused and assaulted by appellant no. 4 and he (appellant no. 4) also threatened her to kill if she complains about the incident. Informant further alleges that accused- appellants assaulted informant’s father with lathi, danda, farsa, spade and iron rod and also verbally abused him.
4. Learned counsel for the appellants submits that appellants have been falsely implicated in this case. Both parties are co-villagers and due to petty dispute, this false case has been lodged. There is no injury report on record to substantiate the allegation of assault. Allegation is general and omnibus. There is no allegation that these appellants abused informant or her father with caste name and as such, no case under the SC/ST Act is made out. Appellant claims clean antecedent.
5. Learned Spl. Public Prosecutor for the State and
learned counsel for respondent no. 2 opposed the appeal.
6. However, considering the aforesaid facts and circumstances, the impugned order dated 27.07.2021 is, hereby, set aside and this criminal appeal is allowed.
7. Let the appellants, as named above, in the event of arrest or surrender within a period of eight weeks from today, be
Patna High Court CR. APP (SJ) No.3945 of 2021(5) dt.15-01-2026 3/3 released on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ADJ 1-cum-Special Judge, SC/ST Act, Gopalganj in connection with Vijaipur P.S. Case No. 19 of 2021.
anay (Prabhat Kumar Singh, J) U T