IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4137 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- MANJHAGARH District- Gopalganj ======================================================

Rina Devi W/o Ram Balak Bhagat Resident of Village - Jagarnatha, P.S. -

Manjhagarh, District - Gopalganj ... ... Appellant/s Versus

1. The State of Bihar Bihar

2. Harendra Ram S/o Late Vikrama Ram R/o vill - Jagarnatha, P.s.-

Manjhagarh, Distt.- Gopalganj ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr.Bijay Prakash Singh For the Respondent/s : Mr.Binay Krishna For the O.P. No. 02 : Mr. Aditya Ranjan ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 12-03-2026 Heard the parties.

2. This appeal is preferred against the order dated

25.07.2025 passed by the learned Additional Sessions Judge-XI- cum-Special Judge, SC/ST Act, Gopalganj in ABP No. 777 of 2025 arising out of Manjhagarh P.S. Case No. 113 of 2025 registered for the offence under Sections 115(2), 126(2), 103, 3(5) of the BNS and under section 3(1)(d), 3 (1) (dh) of S.C/S.T. (POA) Act by which anticipatory bail filed by the appellant has been rejected.

3. As per the prosecution case, the accused persons are said to have posted wrong things about the informant’s daughter and when the informant came to the house of the accused persons she was assaulted and abused by caste name.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case and no offence under the provisions of SC/ST Act is made out in this case as the occurrence has taken place because of some dispute over the posting of wrongs things on mobile at the instance of one Aarti Kumari and therefore the application of the anticipatory bail is maintainable.

5. Learned counsel for the State has opposed the prayer of the appellant.

6. From the reading of the entire FIR it does not appear that offence has been committed against the informant on the ground that she is a member of SC/ST community and primarily, it appears that for a dispute over posting wrong things on mobile, the occurrence has taken place and therefore, this application for grant of anticipatory bail is held to be maintainable.

7. Considering the facts of the case and the rival submissions of the parties and also considering the fact that the appellant is a woman, this appeal is allowed and accordingly, the order dated 25.07.2025, is hereby set aside.

8. Let the appellant, in the event of her arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XI-cum-Special Judge, SC/ST Act, Gopalganj/concerned Court below in in connection with Manjhargh P.S. Case NO. 113 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.

(Sandeep Kumar, J)

Vikas/-

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