Prince Kumar GautamversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.5126 of 2024
                        Arising Out of PS. Case No.-9 Year-2024 Thana- SC/ST District- Sheikhpura
                 ======================================================
                 Prince Kumar Gautam S/O Satyendra Kumar @ Satyendra Kumar Singh
                 Resident of village - Bhola Bigha, Police station Islampur, District- Nalanda
                 at present residing at Mohalla Shivpuri near shed, Police Station -Laheri,
                 District- Nalanda.
                                                                              ... ... Appellant
                                                    Versus
           1.     The State of Bihar
           2.     Rinki Devi W/o Late Anandi Paswan R/O Mohalla- Wazitpur,P.S and Dist.-
                  Sheikhpura.
                                                                     ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Appellant       :         Mr. Anil Kumar Singh, Advocate
                 For the Respondent-State:         Mr. Sadanand Paswan, Spl. PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

5   12-02-2026                  Heard learned counsel for the appellant and learned

                   Special Public Prosecutor appearing for the State.

                                   2. This appeal under Section 14A(2) of the

                   Scheduled Castes and Scheduled Tribes (Prevention of

                   Atrocities) Act, 1989 has been directed against the order dated

                   13.09.2024 passed by learned 1st Additional District and

                   Sessions Judge-cum-Special Judge, SC/ST Act, Sheikhpura, in

                   A.B.P. No. 555 of 2024 arising out of Sheikhpura P.S. Case No.

                   9 of 2024, registered under Sections 379, 354, 323, 341, 504,

                   506/34 of the Indian Penal Code read with Section 3(i)(r), 3(i)

                   (s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes

                   (Prevention of Atrocities) Act, 1989, whereby the prayer for
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          grant of anticipatory bail of the appellant has been rejected.

                          3. The present case came to be instituted on the

          basis of complaint case. The complainant/informant, namely,

          Rinku Devi, alleged that on 16.11.2023 at 10:00 AM, the

          appellant along with two unknown persons came to the house of

          the complainant and started abusing her late husband by taking

          caste name. On being objected, the appellant told her to return

          the cheques which he had given to the late husband of the

          complainant else she will be killed and also thrashed her by her

          hairs. On seeing two villagers coming there, the appellant and

          his accomplices fled away on a motorcycle. It is further alleged

          that the appellant also snatched her gold chain worth Rs. One

          lakh. She has also alleged that she had given a legal notice to the

          appellant, his mother and father on 10.11.2023.

                          4.    Learned counsel appearing for the appellant

          submits that the appellant bears clean antecedent and is

          innocent. He has not committed the offence alleged. He further

          submits that from a bare perusal of the complaint the same

          appears to be a concocted story. Learned counsel for the

          appellant submits that due to land dispute, the appellant has

          been falsely implicated in this false case. As regards allegation

          of abuse by taking caste name attracting the rigours of SC & ST
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          Act is concerned, it is not committed in a public place nor any

          person has been named to be present at the place of occurrence

          when the alleged offence of abuse was being committed. He

          further submits that no case, as alleged in the F.I.R, attracting

          rigours of SC & ST Act is made out against the appellant.

          Hence, the impugned order may be set aside and the appellant

          may be granted the privilege of anticipatory bail.

                          5.    Learned        Special      Public   Prosecutor   has

          vehemently opposed the prayer for grant of anticipatory bail to

          the appellant and submit that there is a complete embargo under

          Section 18 of SC/ST Act, so as to not to entertain the

          anticipatory bail application. The appellant is an influential man

          and he is trying to grab the house of the complainant.

                          6. Considering the entire facts and circumstances of

          the case and also the fact that the appellant bears clean

          antecedent coupled with the fact that the allegation does not

          come under the purview of SC/ST Act, let the above named

          appellant, in the event of his arrest/surrender within a period of

          six weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned 1st Additional District and

          Sessions Judge-cum-Special Judge, SC/ST Act, Sheikhpura, in
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                    connection with Sheikhpura P.S. Case No. 9 of 2024, subject to

                    the conditions laid down under Section 482(2) of the

                    B.N.S.S/Section 438(2) of the Cr.P.C..

                                 7. Accordingly, this appeal is allowed and the

                    impugned order dated 13.09.2024 rejecting the prayer for grant

                    of anticipatory bail to the appellant is set aside.



                                               (Praveen Kumar, J)
Pawan/-

U     T