Md. Ekval Alam @ Md. Akbal Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2779 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- CHAUSA District- Madhepura ====================================================== MD. EKVAL ALAM @ MD. AKBAL UDDIN SON OF MD. KUDUSH ALAM @ KUDISH UDDIN R/O- SAHORA TOLA WARD NO. 11, P.S.- CHAUSA, DISTT.- MADHEPURA ... ... Appellant/s

Versus

1.

The State of Bihar 2.

MEENA DEVI W/O- SANJAY SHARMA R/O- SAHORA TOLA WARD NO. 11, P.S.- CHAUSA, DISTT.- MADHEPURA ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Ms. Patla Kumari , Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-11-2025 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No. 2.

2. This appeal has been filed for setting aside order dated 03.04.2024 passed in a case registered for the offence punishable under sections 323, 341 , 354 B, 379, 504, 506 and 34 of the I.P.C, and Section 3 (I) ( r ) of S.C/S.T. Act, whereby the prayer for anticipatory bail of the appellant has been

Patna High Court CR. APP (SJ) No.2779 of 2024(4) dt.13-11-2025 2/3 rejected.

3 . As per the prosecution case , informant namely, Meena devi alleged that on 23.01.2024 at about 9 AM, when informant went to ask demand his dues appellant Nos. 1 and 2 along with others abused her by caste name and also assaulted her and her brother-in -law by fists and slaps due to which they sustained injuries. It is further alleged that appellant No. 2 Kudush Alam tried to outrage modesty of informant.

4. It is submitted on behalf of appellant that both parties are co-villagers and there is money dispute between them and taking advantage of the situation , this false and concocted case has been lodged by informant. Rest of the allegation is ornamental in nature to make the case grave . From bare perusal of F.I.R. it is apparent that the alleged incident took place in the field which is far away from the public view and as such, no offence under SC / ST Act is made out. Appellant claims clean antecedent.

5 . Learned special public prosecutor for the State opposed the bail.

6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, named above, in the event of arrest/surrender within a period of

Patna High Court CR. APP (SJ) No.2779 of 2024(4) dt.13-11-2025 3/3 eight weeks from the date of receipt/production of a copy of this order, be enlarged 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 Additional District & Session Judge - 1st cum- Special Judge Madhepura in connection with Chausa Police Station Case No. 19 of 2024 . (Prabhat Kumar Singh, J) Koushik/- U T