IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11596 of 2009 1. NARAYAN KUMAR SAO 2. Raju Sao, Both sons of Late Krishna Kumar Sao Versus The STATE OF BIHAR ----------- 2/ 18.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that prima facie also the allegation levelled against the petitioners cannot be believed for any adverse inference including their arrest as there was business transaction in between the complainant and petitioners, for which complainant handed over Rs. 10,000/- for supply of utensils. That was not supplied, rather on approach that was refused by the petitioner and abused. According to the learned counsel, it is totally improbable that money is received at Asansol and refusal would be at complainant’s village and in that continuation there can be any abuse. Apart from it, it is equally improbable that people from another province will come to complainant’s village for unbelievable call and would abuse there. No one can be allowed to misuse the provision enshrined in Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act for making anticipatory bail not maintainable. Considering the facts and circumstances of the case, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Complaint Case No. 1292C of 2008, above named petitioners shall be released on bail on furnishing bail 2 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K. Pandey, Judicial Magistrate, Ist Class, Khagaria subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)