IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40808 OF 2009 1. REENA DEVI, DAUGHTER OF SHAILENDRA PRASAD 2. LALITA DEVI, WIFE OF SHAILENDRA PRASAD BOTH RESIDENT OF MOHALLA JANTA COLONY, POLICE STATION DELHA, DISTRICT GAYA ……………………………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ****** 2 05/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending arrest in a case under Sections 147, 148, 452, 380, 341, 323, 504 of the Indian Penal Code, Section 27 of the Arms Act and Section 27 of the Arms Act and Section 3 (x) of the SC & ST (Prevention of Atrocities) Act. There is an omnibus allegation against the petitioners in the complaint petition which has been lodged after a delay of 13 days. It is alleged that the accused persons came and abused the informant by taking her caste name and also assaulted him. Counsel for the petitioner submits that petitioner no. 1 has instituted a case against the informant on 10.06.2009 in which she has received injuries and has given her fardbayan in the hospital at the Government Medical College at Gaya. Considering that there is an omnibus allegation of using caste name and using caste name is not an 2 offence under the provisions of the SC & ST (Prevention of Atrocities) Act, the above named petitioners are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Gaya Harijan Police Station Case No. 38 of 2009 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)