IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31142 of 2011 Shashikant Prasad Singh, Son of Shri Deo Narayan Mahto. Versus The State Of Bihar ----------- 2 14.09.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with Bithan P.S. Case No. 31 of 2011 registered for the offence under Sections 341, 323, 504, 379 of the Indian Penal Code and 3 (i)(X) of the Scheduled Castes/Scheduled Tribes ( Prevention of Atrocities ) Act. It is submitted on behalf of the petitioner that there has been in ordinate and un-explained delay in instituting the case as the alleged occurrence is said to have taken place on 14.05.2011 but the information was given to police on 17.05.2011. It is also stated that offence as alleged under Section 379 of the Indian Penal Code and 3 (i) (X) of SC/ST (Prevention of Atrocities ) act are ornamental in nature. The matter has been compromised between the parties outside the Court and a compromise petition has also been filed in the Court of learned Additional Chief Judicial Magistrate, Rosera, Samastipur. In my view, these submissions may be good ground for grant of regular bail but since Section 18 of SC/ST ( Prevention of Atrocities) Act puts a statutory bar on entertainment of an application under Section 438 of the Criminal Procedure Code, the present anticipatory bail 2 application is not maintainable and thus the same is disposed of holding it to be not maintainable. However, in case the petitioner surrenders and seek regular bail the same shall be considered in the light of observations made hereinabove. The present order may be communicated to the Court of A.C.J.M., Rosera, Samastipur in connection with Bithan P.S. Case No. 31 of 2011 through Fax at the cost of the petitioner. Md. Ibrarul ( Ashwani Kumar Singh, J.)