2026:JHHC:11622 1 Criminal Appeal (SJ) No. 979 of 2025 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No. 979 of 2025 1.Puneet Pratap Dev @ Puneet Kumar Dev, aged about 48 years, son of Umeshwar Pratap Deo, Resident of H. No. 219A-2, Maidan Garhi, Maidan Garhi, P.O. and P.S.- Maidan Garhi, District- South Delhi, Delhi. 2.Sajjan Kumar @ Sajjan Pratap Dev aged about 39 years, son of Late Umeshwar Pratap Deo, Resident of Ward No. 03, Village Babhani, P.O.- Mahadeiya, P.S.- Nagar Untari, District- Garhwa …....... Appellant(s) Vrs. 1.The State of Jharkhand 2.Mukesh Kumar, son of Mandeep Ram, resident of village Kumba Khurd, P.O. and P.S.- Nagar Untari, District- Garhwa ........ Respondent(s) ….... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Appellant(s) : Mr. R.S. Mazumdar, Sr. Advocate For the State : Mr. Shailesh Kr. Sinha, A.P.P. For the Respondent no.2 : Mr. Rishi Pallav, Advocate 04/21.04.2026 The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Heard learned counsel for the appellants, learned counsel for the State as well as learned counsel for the respondent no.2-victim. 3. The present appeal is directed against the order dated 17.10.2025 passed by the learned Additional Sessions Judge-I, Nagar Untari in connection with A.B.P. No. 386 of 2025 arising out of Complaint Case No. 03 of 2025 registered for the offence under Section 115(2), 126, 352, 333, 308(3), 3(5) of the BNS and Section 3(1) (r) of the SC/ST (Prevention of Atrocities) Act, 1989 whereby and whereunder the prayer of the appellants for grant of anticipatory bail has been rejected. The case is presently pending before the court of learned Additional Sessions Judge-I, Nagar Untari. 4. Although the grant of anticipatory bail is barred under section 18 of the SC/ST (POA) Act, 1989 but learned Senior Counsel for the 2026:JHHC:11622 2 Criminal Appeal (SJ) No. 979 of 2025 appellants has submitted that it is complaint case which has been registered for the offences under Section 115(2), 126, 352, 333, 308(3), 3(5) of the BNS and Section 3(1) (r) of the SC/ST (Prevention of Atrocities) Act, 1989. However, the learned Trial Court has taken cognizance only under Section 3(1)(s) of the SC/ST(POA) Act. It has been submitted that the falsity of the allegation has been accepted by the Trial Court also as the learned Trial Court did not find any section of the IPC getting attracted in the instant case and since, witnesses have stated about some abuse, therefore, cognizance under the SC/ST(POA) Act has been taken. Thus, it is nothing but misuse of protective provision of the SC/ST(POA) Act. 5. On the other hand, learned counsel for the informant -victim (respondent no.2) has opposed the prayer for grant of anticipatory bail and submitted that Section 18 of the SC/ST (POA)Act bars the grant of anticipatory bail. Once the provision under the SC/ST(POA) Act gets attracted, Section 18 of the SC/ST (POA) Act comes into play. Further, the abuse by the appellants is within the public view as the incident happened in the presence of some witnesses. 6. Having heard learned counsel for the parties and from perusal of the record and the allegation made, it appears that there is exaggeration in the statement of the victim and there is a dispute between the parties. Further, it is not a police case rather a complaint case. 8. Considering the totality of the facts and circumstances, this Court is inclined to grant anticipatory bail to the appellant. 2026:JHHC:11622 3 Criminal Appeal (SJ) No. 979 of 2025 8. Accordingly, the appellants, above named, are directed to surrender before the learned Trial Court within a period of four weeks from the date of receipt/production of copy of this order and in the event of their arrest or surrender, they shall be enlarged on bail, on their furnishing bail bond of Rs.10,000/- ( Rupees Ten Thousand only)with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Nagar Untari in connection with Complaint Case no. 03 of 2025 on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellants will submit self-attested photo copy of their Aadhaar Card and also submit their mobile number before the learned trial court which they will always keep active and will not change it during pendency of this case without prior permission of the Court. 9. In the result, the present appeal is allowed. (Rajesh Kumar, J.) 21.04.2026 A. Mohanty Uploaded ____/____/2026