Kamelshwari Sharma @ Kamleshwari SharmaversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5048 of 2025
                    Arising Out of PS. Case No.-125 Year-2025 Thana- SANGRAMPUR District- Munger
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           1.     Kamelshwari Sharma @ Kamleshwari Sharma Son of Late Rohin Sharma
                  Resident of Village - Mohanpur, P.S.- Shambhuganj, District - Banka.
           2.    Guddu Devi @ Gudo Devi Wife of Kamelshwari Sharma @ Kamleshwari
                 Sharma Resident of Village - Mohanpur, P.S.- Shambhuganj, District -
                 Banka.
           3.    Sangam Kumar Son of Kamelshwari Sharma @ Kamleshwari Sharma
                 Resident of Village - Mohanpur, P.S.- Shambhuganj, District - Banka.

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Komal Kumari Daughter of Mukesh Das Wife of Rahul Kumar Das,
                 Resident of Village - Sanhauli, P.S.- Sangrampur, District - Munger.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :       Mr. Narendra Kumar Singh, Adv.
                 For the Respondent/s    :       Mr. Sadanand Paswan, Special P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-06-2026                 1. Heard learned counsel for the appellants, learned

                   Special P.P. Mr. Sadanand Paswan and the learned counsel

                   appearing on behalf of the informant.

                               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 23.09.2025 in A.B.P. No. 1214 of 2025 passed by

                   the learned Special Judge, SC/ST Act, Munger in connection

                   with Sangrampur P.S. Case No. 125 of 2025 registered under
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          Sections 69, 352, 351(2)(3) and 3(5) of the BNS as well as

          Sections 3(1)(r), 3(1)(5) and 3(2)(vd) of the SC/ST Act.

                       3. Learned counsel for the appellants submits that

          appellants are persons with clean antecedent and appellant no.2

          is a woman and the informant alleges that she came in contact

          with Anant, further on 01.01.2025 informant along with her

          sister and Anant went to see a temple at Gauripur hill, where

          Anant forcefully established physical relation and also assured

          that he will marry her and thereafter put vermilion on her

          forehead in the temple, thereafter Anant came to her house and

          assured her parents that he will marry her, next alleges that

          Anant on the said pretext kept coming to her house till

          15.05.2025 and kept establishing physical relation, on account

          of which, informant became pregnant and when Anant came to

          know about the pregnancy, he refused to marry, accordingly, on

          15.05.2025, the informant along with her parents came to the

          house of Anant where his family members i.e. appellants acted

          inappropriately with them and disclosed that Anant has

          performed his marriage with another girl.

                       4. Learned counsel appearing on behalf of the

          appellants submits that appellants have been falsely implicated

          in the instant case by the informant being parents of Anant. It is
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          next submitted that from perusal of the allegations as alleged in

          the FIR, it would manifest that informant and Anant were

          known to each other. It is next submitted that the allegation does

          not even remotely suggest or discloses that either informant or

          Anant had disclosed about their relationship to the appellants,

          though informant alleges that she had disclosed about her

          relationship with Anant to her parents. It is next submitted that

          even presuming what has been alleged is true without admitting

          then the entire occurrence took place at the house of Anant and

          thus was not in public view and the informant does not allege

          that appellants abused or assaulted her and her parents rather has

          alleged that they were pushed. It is reiterated and submitted that

          appellants have been implicated in the case only with a view to

          coerce Anant into submission.

                       5. Learned Special Public Prosecutor and the learned

          counsel appearing on behalf of the informant opposed the prayer

          for anticipatory bail but then are not in a position to rebut the

          submission of the learned counsel appearing on behalf of the

          appellants that the entire occurrence took place at the house of

          Anant and thus was not in public view and there is no allegation

          of abuse and assault.

                       6. Considering the submission of the learned counsel
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                       for the appellants, let the appellants, above named, in the event

                       of their arrest or surrender 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) each

                       with two sureties of the like amount each to the satisfaction of

                       the learned court below where the case is pending in connection

                       with the aforesaid case, subject to the conditions as laid down

                       under Section 482(2) of the BNSS.

                                    7. Accordingly, the impugned order is set aside and

                       this appeal stands allowed.



                                                  (Satyavrat Verma, J)
amit/-

U        T