IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45594 of 2009 1. Bhola Mahto, son of Kapil Mahato, 2. Muneshwar Ram @ Muneshwar Mahto, son of Late Chalitar Mahato, 3. Suresh Mahato @ Suresh Prasad, son of Late Nathun Prasad, 4. Akhilesh Beldar @ Akhilesh Jamadar, 5. Indradeo Beldar, son of Hari Beldar, 6. Krishna Beldar @ Krishna Jamadar, son of Sadhu Beldar, 7. Bakhori Beldar, son of Tyagi Beldar, 8. Dinesh Beldar, son of Lekhu Beldar, 9. Naresh Raut @ Mahesh Raut, son of Chamaru Raut, all of village Satamus, PS Khizer Sarai, district Gaya – petitioners. Vs. The State of Bihar. 2 26.2.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners apprehend their arrest in a case under sections147, 148, 149, 323, 448, 307, 354, 504 and 506 of the Penal Code, section 27 of the Arms Act, sections 3/4 of the Daain Prevention Act and sections 3(i), (viii), (x) and (xi) of the SC/ST Act. Earlier a Sanha was filed on 5.3.2009 alleging that Ravindra Yadav had entered the house of Kaili Devi looking for his paddy which had been stolen from the field on 5.3.2009. Subsequently an F.I.R. was instituted on 26.3.2009 alleging that these petitioners had entered the house and assaulted Kaili Devi. Counsel for the petitioners submits that as far as the offences under the SC/ST Act is concerned, the petitioners allegedly took the caste name of Kaili Devi within the walls of four-corner of her house and as such no offence under the SC/ST Act is made out. It is also submitted that the parties have compromised the matter vide Annexure 2. Considering the facts above prima facie it does not 2 appear to be an offence under the SC/ST Act, the petitioners are directed to be released on anticipatory bail in the event of their arrest or surrender within six weeks in connection with SC/ST P.S. Case No. 16 of 2009 on furnishing bail bonds of 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 laid down under section 438(2) of the Cr.P.C. haque (Sheema Ali Khan, J.)