Radhika Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.678 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Radhika Devi Wife of Manoj Yadav Resident of Village-Shekhwara, P.SMagadh, Vishwavidyalay@ Magadh University, District-Gaya ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Satendra Manjhi Son of Sahdeo Manjhi Resident of Village-Shekhwara, P.SMagadh, Vishwavidyalay@ Magadh University, District-Gaya ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Surya Swetabh, Advocate For the Respondent/s :
Mr. Binay Krishna, A.P.P.
For the Informant :
Mr. Anjani Kumar, Mr. Himanshu Shekhar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2025 Heard learned counsel for the appellant and the State.
2. This criminal appeal has been filed against the order dated 21.01.2025 passed by learned Exclusive Special Judge (SC/ST Act), Gaya in ABP No. 02 of 2025 in connection with Magadh University @ Magadh Vishwavidyalay P.S. Case No. 187 of 2024, instituted under Sections 126(2), 115(2), 352, 351 (2), 109(1), 3(5) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(1)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of appellant has been rejected.
3. Prosecution case, in brief, is that on 7.09.2024 at about 9:30 AM, on account of land dispute, all the F.I.R. named
Patna High Court CR. APP (SJ) No.678 of 2025(5) dt.06-08-2025 2/3 accused persons including this appellant, abused informant by caste name and assaulted informant and others.
4. Learned counsel for the appellant submits that appellant is innocent and has committed no offence. Specific accusation of assault is against other co-accused persons. So far this appellant is concerned, there is general and omnibus allegation of pelting stones and bricks against her. Moreover, it is not the case of informant that alleged incident occurred within the public view, as such, no offence under SC/ST Act is made out against appellant. Appellant is lady and claims clean antecedent.
6. Learned Spl. Public Prosecutor for the State as well as learned counsel for the informant vehemently opposed the bail application.
7. Considering the aforesaid facts, let the appellant, as named above, in the event of her arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (SC/ST Act), Gaya in ABP No. 02 of 2025 in connection with Magadh University @ Magadh Vishwavidyalay P.S. Case No. 187 of 2024.
Patna High Court CR. APP (SJ) No.678 of 2025(5) dt.06-08-2025 3/3
8. Accordingly, this criminal appeal is allowed and impugned order dated 21.01.2025 is set aside with respect to this appellant only.
(Prabhat Kumar Singh, J) Navya/- U T