Nayan DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1931 of 2025
                       Arising Out of PS. Case No.-20 Year-2023 Thana- SC/ST District- Madhepura
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                 Nayan Devi W/O Murli Yadav @ Murlidhar Yadav Village- Rampur, Ward
                 No.- 05, P.S.- Murliganj, District- Madhepura
                                                                    ... ... Appellant/s
                                                      Versus
           1.     The State of Bihar
           2.     Sushma Devi W/O Jitan Sharma Village- Rampur, Ward No.- 05, P.S.-
                  Murliganj, District- Madhepura
                                                                 ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s     :        Mr. Surya Narayan Yadav, Advocate
                 For the Respondent/s    :        Ms. Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   07-07-2026                           1. Heard learned counsel for the appellant and

                          learned Special P.P. for the State, Ms. Usha Kumari No. 1.

                                        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 03.04.2025 in A.B.P. No. 348 of 2025 passed by

                          the learned District and Additional Sessions Judge, 1 st -cum-

                          Special Judge S.C./S.T. (POA) Act, Madhepura in connection

                          with Madhepura SC/ST P.S. Case No. 20 of 2023 registered

                          for the offences punishable under Sections 341, 323, 379, 504,

                          506, 34 of the Indian Penal Code as well as Sections 3(i)(r)(s)

                          (w) and 3(2)(va) of the SC/ST Act.

                                  3. Learned counsel appearing on behalf of the appellant
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                  submits that from perusal of the office report dated

                  07.01.2026, it would manifest that the notice has been

                  received by the mother of Respondent No. 2, it is submitted

                  that since notice has been received by the mother of

                  respondent No. 2 hence the same be deemed to be validly

                  served.

                          4. The Court completely concurs with the submission

                  made by the learned counsel appearing on behalf of the

                  appellant, hence, the notice is deemed to be validly served.

                       5. It is next submitted that appellant is a person with clean

                  antecedent and is a woman, it is next submitted that from

                  perusal of the allegation as alleged in the FIR, it would

                  manifest that allegation is of assault by the accused persons

                  and against the appellant, it is alleged that she bite the injured

                  and snatched the gold earrings, it is further submitted that

                  police after investigation submitted final Form No. 23 of 2023

                  dated 30.08.2023 exonerating the appellant of the allegation as

                  alleged in the FIR, but then the learned Trial Court differing

                  with the police report took cognizance, it is next submitted

                  that when one investigating agency after threadbare

                  investigation came to a considered conclusion that appellant is

                  innocent whether it would be prudent for the Court to send the

                  appellant to jail based on an order of cognizance which came

                  to be taken based on the same police report which exonerated
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                                 the appellant of the allegation.

                                         6. Learned Special P.P. for the State opposes the appeal.

                                           7. After hearing the learned counsel for the parties the

                                 Court was inclined to grant the privilege of anticipatory bail to

                                 the appellant, but since cognizance has been taken, as such,

                                 the appeal is disposed of with a direction to the appellant to

                                 appear before the learned Trial Court on 21.07.2026.

                                         8. It is made clear that if the appellant appears before

                                 the learned Trial Court on 21.07.2026, in that event the

                                 learned Trial Court shall consider and dispose of the case on

                                 the same day keeping in mind the fact that police after

                                 investigation exonerated the appellant of the allegation and

                                 also keeping in mind the observations of this Court as

                                 recorded hereinabove.

                                         9. The final form is kept on record.




                                                       (Satyavrat Verma, J)
Nitesh/-

U          T