IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41216 of 2010 Jairam Yadav son of Nathuni Yadav, resident of village- Sonpur, P.S. Rosera, District- Samastipur ---- Petitioner. Versus STATE OF BIHAR---- Opp. Party. ----------- 2/ 19-11-2010 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution in which cognizance has been taken for offences under sections 384. 457/34 and some other allied offences under the Indian Penal Code as also under section 3(i)(x) of the SC/ST ( P.O.A.) Act. It is submitted that originally the case was instituted in the year 2003 by the present complainant, which gave rise to SC/ST P.S. Case No. 125 of 2003 dated 24.12.2003. The case was investigated by the police and criminal prosecutions against the petitioner besides others were found to be false and, accordingly, final report dated 15.05.2007 (Annexure-2) was submitted. The protest petition filed by the informant was treated as a complaint petition and on the basis of enquiry, cognizance has been taken against the petitioner besides others. It is further submitted that offence under section 3(i)(x) of the SC/ST (POA) Act is not applicable against the petitioner in the facts and circumstances and, therefore, the present petition for anticipatory bail is maintainable. Learned counsel for the State has strongly 2 opposed the prayer for anticipatory bail Be that as it may, in the facts and circumstances of the case, particularly in view of the fact that earlier final report was submitted by the police, in the event of his arrest or surrender within a period of four weeks from today, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10, 000/- with two sureties of the like amount each to the satisfaction of Sri L.K. Mishra, Judicial Magistrate, Ist Class, Rosera, District- Samastipur in connection with C.R. No. 885 of 2007, , subject to conditions laid down under section 438(2) of the Cr.P.C. BTiwary/ ( Birendra Prasad Verma, J.)