Patna High Court – Orders
Shiv Shankar Prasad @ Shiv Shankar Pal vs The State Of Bihar on 25 August, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.129 of 2025
Arising Out of PS. Case No.-199 Year-2024 Thana- TURKAULIYA District- East
Champaran
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1. Shiv Shankar Prasad @ Shiv Shankar Pal Son of Parmeshwar Prasad
Resident of Village- Barharwa, P.S.- Turkauliya, Distt.- East Champaran
2. Girja Devi Wife of Shiv Shankar Prasad @ Shiv Shankar Pal Resident of
Village- Barharwa, P.S.- Turkauliya, Distt.- East Champaran
3. Chandan Pal Son of Shiv Shankar Prasad @ Shiav Shankar Pal Resident of
Village- Barharwa, P.S.- Turkauliya, Distt.- East Champaran
4. Nilu Devi Wife of Chandan Pal Resident of Village- Barharwa, P.S.-
Turkauliya, Distt.- East Champaran
... ... Appellant/s
Versus
1. The State of Bihar
2. Sulekha Devi Wife of Ashok Ram Resident of Village- Barharwa, P.S.-
Turkauliya, Distt.- East Champaran
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Manjeet Kumar Mishra
For the Respondent/s : Ms.Usha Kumari 1
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 25-08-2025
1. Heard learned counsel for the appellants and
learned Spl. P.P. for the State, Ms. Usha Kumar No. 1.
2. Learned counsel for the appellants submits that
from perusal of the office notes dated 13-5-2025, it would
manifest that the same records that notice on behalf of
Respondent No. 2 has been received by her husband.
3. Since the notice has been received by the husband
of the Respondent No. 2, hence the same is deemed to have
been validly served.
Patna High Court CR. APP (SJ) No.129 of 2025(5) dt.25-08-2025
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4. Learned counsel for the appellants, after some
arguments, seeks permission to withdraw the appeal with
respect to appellant No. 1, Shiv Shankar Prasad @ Shiv Shankar
Pal.
5. Permission is accorded.
6. Accordingly, the appeal is dismissed as withdrawn
with respect to appellant No. 1, Shiv Shankar Prasad @ Shiv
Shankar Pal.
7. 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 19-6-2024 in A.B.P. No. 2296 of 2024 passed by the
learned Special Judge S.C./S.T. (POA) Act, East Champaran,
Motihari in connection with Turkauliya P.S. Case No. 199 of
2024 registered for the offences punishable under Sections 341,
323, 308, 504, 420, 467, 379, 354B of the Indian Penal Code as
well as Sections 3(i)(r), 3(i)(s), 3(2)(va) of the SC/ST Act.
8. Learned counsel for the appellants submits that the
appellant Nos. 2, 3 and 4 are persons with clean antecedent and
appellant Nos. 2 and 4 are women and are wife and daughter in
law of Shiv Shankar Pal. It is next submitted that from perusal
Patna High Court CR. APP (SJ) No.129 of 2025(5) dt.25-08-2025
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of the allegation as alleged in the FIR, it would manifest that
informant alleges that she purchased a piece of land from Shiv
Shankar Pal by a registered sale deed, but when she went on the
land, she was asked by the family members of the Shiv Shankar
Pal not to come on the land on the ground that she had already
re-conveyed the land which she had purchased from Shiv
Shankar Pal in favour of Shiv Shankar Pal, accordingly she
went to Registry and where she came to know that Shiv Shankar
Pal by resorting to forgery got the land, which she had
purchased, re-conveyed in his name by impersonating the
informant, further the accused persons came to her house and
abused her and Shiv Shankar Pal assaulted her husband causing
fracture of ribs.
9. Learned counsel for the appellants submits that the
appellants, being family members of Shiv Shankar Pal, have
been falsely implicated in the present case by the informant in
order to coerce Shiv Shankar Pal into submission. It is also
submitted that there is no specific allegation of assault against
the accused persons and the entire occurrence even presuming
to be true took place in the house of the informant, as such was
not in public view.
10. Learned Spl. P.P. for the State opposes the prayer
Patna High Court CR. APP (SJ) No.129 of 2025(5) dt.25-08-2025
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for anticipatory bail of the appellants.
11. Considering the aforesaid facts, let the appellant
Nos. 2, 3 and 4 above-named, in the event of their arrest or
surrender before the learned trial court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with the aforesaid case, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C.
12. Accordingly, the impugned order dated 19-6-2024
is set aside and the appeal stands allowed with respect to
appellant Nos. 2, 3 and 4.
(Satyavrat Verma, J)
Sumit/-
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