Cr.A(SJ)/596/2026 of APURBA GHOSH ALIAS RANI Vs THE STATE OF JHARKHAND on 15 September 2026

1. The State of Jharkhand

2. Geeta Khalkho, D/o Late Kamla Khalkho, H. No. 577, Nagratoli, P.O. & P.S. Lalpur, District Ranchi-834001

.... .... .... Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

For the Appellant : Mr. Siddhartha Jyoti Roy, Advocate

Mr. Dhruvojyoti Mallick, Advocate

For the State

: Mr. Shiv Shankar Kumar, APP For the Informant/Victim : Mr. Ramesh Kumar, Amicus Curiae

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Order No.04 / Dated : 15.09.2026.

1. The present appeal has been filed under Section 14(1)(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Heard learned counsel for the appellant, learned counsel for the State and the learned Amicus Curiae for the respondent No.2/victim.

3. Although Section 18 of the SC/ST (PoA) Act bars the grant of anticipatory bail, such bar would not apply in case where no prima facie offence under the Act is made out.

4. The present appeal has been filed against the order dated 12.01.2026 passed by the learned Additional Judicial Commissioner-II-cum-Special Judge, SC/ST Act, Ranchi in A.B.P No.1282 of 2025 in connection with SC/ST P.S. Case No.13 of 2025, registered for the offence under Sections 126(2), 115(2), 329(3), 351(3), 352 of the BNS, 2023 and Section 3(1)(c)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act whereby the prayer for grant of anticipatory bail of the appellant has been rejected. The case is presently pending in the Court of learned Additional Judicial Commissioner-II-Special Judge, SC/ST Act, Ranchi.

5. It has been submitted by the learned counsel for the appellant that the appellant is a lady doctor and there was a neighborhood dispute between the parties over the nala, leading to some scuffle. It has further been 2026:JHHC:27783

submitted that neighborhood dispute cannot be elevated to the SC/ST Act. On the above basis, prayer for anticipatory bail has been made.

6. Learned counsel for the State has opposed the prayer for anticipatory bail and submitted that offence under the SC/ST Act is made out.

7. Considering the above facts, I am inclined to grant anticipatory bail to the appellant. Accordingly, the appellant, named above, is directed to surrender in the trial court within four weeks from the date of receipt/production of a copy of this order, and in the event of her arrest or surrender, she shall be enlarged on anticipatory bail, on her furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Commissioner-II-Special Judge, SC/ST Act, Ranchi, in connection with SC/ST P.S. Case No.13 of 2025, on the conditions as laid down under Section 482 of the B.N.S.S., 2023. Further, the appellant(s) will submit self-attested photocopy of his /her/their Aadhaar Card(s) and also submit his/her/their mobile number(s) before the learned trial court which he/she/they will always keep active and will not change it without prior permission of the court, till conclusion of the case.

8. In the result, the present criminal appeal stands allowed and accordingly, disposed of.

9. Let this order be communicated to the learned Member Secretary, JHALSA, Ranchi, for the purpose of remuneration to be paid to the learned Amicus Curiae as permissible.

(Rajesh Kumar, J.) 15.09.2026 Pawan Uploaded on 16.09.2026