IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34434 of 2009 1. GHANSHYAM CHAUDHARY 2. Bhola Chaudhary 3. Shivram Chaudhary All sons of late Laukan Chaudhary 4. Babu Saheb Chaudhary,son of Ghanshyam Chaudhary. All residents of village-Jhitki,P.S.- Khirhar,Dist.-Madhubani. Versus STATE OF BIHAR ----------- For the Petitioners : M/s Ashwani Kr.Singh (Senior Advocate)and Ajay Kumar,Advocate For the State : Mr. Gopesh Kumar,A.P.P. ------------ 02/ 18-11-2009 Heard learned counsel for the petitioners and the State. There is allegation about assault and abuse in the name of caste to humiliate constituting an offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. It is replied that inimical relation was there prevailing in between the parties. A Gumti was placed on the land of the petitioners. When informant’s family members were asked to remove the same petitioners were assaulted even by knife also, for which a case has been lodged on behalf of the petitioners earlier to filing of the informant’s case. In the case parties are in position of free fighting rather members of the informant’s family appearing stronger able to cause more assault, that will be replied by abuse only for making a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act may not be believed for refusal of anticipatory bail. In the discussed and suggested facts and circumstances, 2 this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Khirhar P.S.Case No.14/2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH /AFR ( Mandhata Singh, J. )