IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28979 of 2009 Basudeo Kardar @ Basudeo Kardar, Son of Sahbir Kardar, resident of village-Bhutaha, P.S.-Sikty, District-Araria. ………Petitioner. Versus THE STATE OF BIHAR ………Opp. Party. ----------- 2/ 03.11.2009 Heard learned counsel for the petitioner and the counsel appearing for the State. Petitioner is an accused under Sections 406, 420, 323, 354, 504 of the Indian Penal Code and Section ¾ of the schedule Caste and Schedule Tribes (Prevention of Atrocities) Act. The petitioner is an agent of one Rambha Devi who is said to be a dealer of Kerosene oil. Rambha Devi has filed a case against the Mukhiya and others in which the petitioner was one of the witnesses. It is submitted that the present case has been filed at the instance of the Mukhiya. The allegation in this case is that this petitioner who is neither Mukhiya nor responsible for distribution of Indira Awas, is said to have been demanded Rs. 5,000/- from the informant in order to facilitate grant of Indira Awas to him. In this context, it is stated that the informant went to the house of the petitioner who is said to have abused him by his caste name. Other Sections are bailable. As far as, S.C. & S.T. is concerned, even it is presumed that occurrence took place it was within the confines of the house of the petitioner and as such it was not a public place, as such provision of S.C. and S.T. Act are not attracted. 2 Be that as it may, petitioner namely Basudeo Kardar @ Basudeo Kardan is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Sikty P.S. Case No. 161 of 2008 (G.R. No. 2833/2008) on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of C.J. M., Araria subject to the conditions laid down under Section 438(2) Cr. P.C. Sanjeet/ (Sheema Ali Khan, J.)