IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5744 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- BIKRAMGANJ District- Rohtas ======================================================

Munna Singh @ Sanjay Kumar Singh S/O Shambhu Sharan Singh R/o -

Dharpur, P.S - Bikaramganj, District - Rohtas ... ... Appellant/s Versus

1. The State of Bihar

2. Sita Devi W/O Bindu Paswan R/o - Dharuput, P.S - Bikaramganj, District -

Rohtas ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Rakesh Narayan Singh, Advocate For the Respondent/s : Mr. Sadanand Paswan, Spl.P.P.

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

5 27-01-2026 1. Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer for anticipatory bail vide order dated 22.10.2024 passed by the learned 17^th Additional Sessions Judge-cum-Special Judge SC/ST (POA) Act, Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 201 of 2023 registered under Sections 448, 341, 323, 354B and 427/34 of the Indian Penal Code as well as Sections 3(1)(r)(s)(h) of the SC/ST Act.

3. Learned counsel appearing on behalf of the appellant submits that from perusal of the office report dated 16.05.2025, it would manifest that the notice has been validly served on the respondent no. 2 but then he chooses not to appear and contest the case. It is further submitted that appellant has antecedent of one case but then the said case was also instituted by the instant informant and the police after investigation submitted final form. It is next submitted that the informant alleges that on 14.04.2023, at 09:00 p.m., Titu in an intoxicated condition came to her house along with his father and started abusing by taking caste name and asked her husband to do the work of lifting of grain on which her husband said that he will perform the work in the morning on which Titu assaulted him by fist and acted inappropriately with her daughter and dashed her mother-in-law on the ground and destroyed household articles.

4. Learned counsel for the appellant submits that appellant has been falsely implicated in the instant case by the informant. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the entire occurrence took place at the house of the informant and, thus, was not in public view, hence, rigors of Section 18 of the SC/ST Act would not apply. It is next submitted that it does not appear probable that the appellant with his father would have come to the house of the informant in an intoxicated condition and thereafter would have committed the occurrence. It is also submitted that the dispute in between the parties is brewing from before for which earlier also the appellant came to be implicated in a criminal case but then the police after investigation submitted final form.

5. Learned Special Public Prosecutor opposed the prayer for anticipatory bail.

6. Considering the submissions made by the learned counsel for the appellant, let the appellant, above named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.

7. Accordingly, the impugned order is set aside and this appeal stands allowed. (Satyavrat Verma, J)

Kundan/- U T