Madhurendra Nath Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2541 of 2025 Arising Out of PS. Case No.-48 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Madhurendra Nath Verma S/O Late Umakant Verma Resident of VillageNakchhed Tola, P.S.- Motihari Town, Dist.- East Champaran. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Anita Devi W/O Punit Ram R/O Vill.- Jamla, P.S.- Mufassil, Motihari, Dist.- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Appellant :

Mr. Subodh Kumar, Advocate For the State :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2025 Heard learned counsel for the appellant and learned Spl.PP for the State.

2. Interlocutory Application No. 1 of 2025 has been filed for condoning the delay of about 59 days in preferring the present appeal.

3. For the reasons mentioned in the interlocutory application, I am satisfied that the appellant was prevented from sufficient cause in preferring this appeal within time.

4. Accordingly, Interlocutory Application No. 1 of 2025 is allowed and the delay in filing this appeal is hereby

Patna High Court CR. APP (SJ) No.2541 of 2025(3) dt.16-10-2025 2/3 condoned.

5. This appeal has been filed for setting aside order dated 27.01.2025 passed by the learned Special Judge, SC/ST (POA) Act, East Champaran, Motihari in a case registered for the offence punishable under Sections 323, 504 and 354 of the Indian Penal Code and Section 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

6. At the outset, it is submitted by learned Spl.P.P. appearing on behalf of the State that the prayer for grant of prearrest bail to the appellant is not maintainable, as cognizance has already been taken by the learned trial court under Sections 323, 504 and 354 of the Indian Penal Code and Section 3(1)(r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In this regard, reliance is placed upon the case of Bachu Das Vs. State of Bihar and others reported in (2014) 3 Supreme Court Cases 471.

7. In view of the aforesaid submissions and pronouncement of law rendered by the Hon'ble Supreme Court in the case of Bachu Das (supra), appellant's prayer for grant of

Patna High Court CR. APP (SJ) No.2541 of 2025(3) dt.16-10-2025 3/3 pre-arrest bail is rejected and this appeal stands dismissed. (Prabhat Kumar Singh, J) shashank/- U T