IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12624 of 2009 KHEDAN BHAGAT Versus STATE OF BIHAR ----------- 02/ 16.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under sections 323, 452 and 504 of the Indian Penal Code as well as section 3(I) (VIII) (IX) (X) and (XI) of the SC/ST (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that the allegation is that the petitioner, who is an A.S.I. in police entered into complainant’s house and assaulted her with fist and blow and abused her as “Shali Chamar”. Learned counsel for the petitioner further submits that even according to the prosecution case the said occurrence took place in a house and not in a public place and accordingly the provision of section 18 of the SC/ST (Prevention of Atrocities) Act is not attracted. However, the entire allegation is false and frivolous as the husband of the complainant is an accused in another case and the petitioner being an A.S.I. arrested him and put him behind bar and only in retaliation to the said matter he has been falsely implicated in the instant case. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a 2 copy of this order in the court below, the petitioner, namely Khedan Bhagat shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with ST/SC Gaya P.S. Case No.23 of 2008 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)