IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8780 of 2009 RANBEER YADAV,SON OF RAJ KISHORE YADAV, RESIDENT OF VILLAGE-BABHANGAMA, P.S. GANGOUR, O.P.(KHAGARIA), DISTRICT-KHAGARIA----PETITIONER Versus STATE OF BIHAR ----------- 3 13.7.2009 Heard the learned Counsel for the parties. The petitioner apprehends arrest in Begusarai ( S.C/S.T.) P.S. case No. 215 of 2008 instituted under Sections 504, 323, 376,511 of the Indian Penal Code and 3(1) (X) and 3(1) (xii) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act. That on 1.9.2008 the informant alleges that on a day earlier in the morning while she was cutting grass the petitioner came from his maize field and tried to outrage her modesty. On protest by other people came petitioner allegedly ran away but before doing so hit her with the butt of his pistol on her thigh. On behalf of the petitioner it is submitted that the allegations as found in the First Information Report do not constitute any offence under Section 376 of the Indian Penal Code or for that matter Section 511 of the Penal Code. There was a petty dispute with regard to cutting of grass where such an exaggerated complaint is made. The Deputy Superintendent of Police after supervision recommended for filing of charge-sheet under Section 341,351,504 of the Indian Penal Code but the Superintendent of Police has added Section 3(x),(xi) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act without any basis. Be that as it may in the facts and circumstances of the case, let the petitioner above named surrender in the Court below within - 2 - four weeks, when he shall 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 Chief Judicial Magistrate, Khagaria in Begusarai ( S.C/S.T.) P.S. case No. 215 of 2008 (G.R. No. 1345/2008), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Navaniti Pd. Singh) A.Kumar