IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.28334 OF 2009 1. KIRO MANDAL, SON OF LATE FUCHAI MANDAL 2. DILIP MANDAL, SON OF LATE FUCHAI MANDAL 3. GOPAL MANDAL, SON OF LATE JHAKSU MANDAL 4. LAXMI DEVI, WIFE OF LATE JHAKSU MANDAL 5. DAIYA DEVI, WIFE OF KIRO MANDAL ALL RESIDENT OF VILLAGE OOLANI TOLA, POLICE STATION PIRPAINTI, DISTRICT BHAGALPUR ………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 29/10/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioners are apprehending their arrest in a case under Sections 147, 341, 323, 354, 447,504, 506 of the Indian Penal Code and Section 3 (I)(V)(XI) of the SC & ST (Prevention of Atrocities) Act. The allegation is that the petitioners went to the house of the informant and assaulted him and also abused him by taking his caste name. Learned Counsel for the petitioners submits that petitioner no. 5 had filed a complaint case on 16.05.2009 alleging that the informant was demanding rangdari from her. It is said that the entire case is lodged due to land dispute between the parties. Learned Counsel submits that all the sections are bailable in nature except the provisions of SC & ST (Prevention of Atrocities) Act. It is submitted that as far as the 2 provisions of SC & ST (Prevention of Atrocities) Act is concerned, there is no specific allegation that which of the petitioners had called the informant by his caste name or that the accused persons publicly abused the informant by his caste name. On perusal of the First Information Report, it appears that the submissions made on behalf of the petitioners are correct. Be that as it may, the above named petitioners are directed to be released on anticipatory bail in the event of their arrest/surrender before the Court below within a period of six weeks from today in SC/ST Bhagalpur Police Station Case No. 24 of 2009 on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)