IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4883 of 2010 1. RAMASHISH SHARMA @ RAMASHISH KUMAR 2. Meena Devi,wife of Umesh Singh,Secretary Mayapur Middle School,Village-Mayapur, P.S.-Wazirganj,District-Gaya. Versus THE STATE OF BIHAR ----------- 02/ 09-04-2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners apprehend their arrest in connection with SC/ST Gaya P.S.Case No.37 of 2009 dated 12-07-2009, registered under Sections 323/374/406/504/34 of the Indian Penal Code as also under Section 3(1)(ii)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. It is submitted by the learned counsel for the petitioners that in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases, offences alleged under Section 3(1)(ii)(x) of the said Act are inapplicable and, therefore, the petition under Section 438 Cr.P.C. filed on behalf of the petitioners is maintainable before this Court. It is further submitted that petitioner no.1 is the Head Master of a Middle School and petitioner no.2 is the Secretary of the same school. According to the FIR also there is no allegation of any criminal breach of trust against petitioner no.2. So far petitioner no.1 is concerned, it is submitted that since he removed the informant from the construction work, therefore, the present case 2 has been lodged with all false and baseless allegation. Learned counsel for the State, though has opposed the prayer for anticipatory bail, but has not disputed the aforesaid position. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, 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, Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)