IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22681 of 2009 1 Raghevendra Prasad 2 Ravi Shankar Prasad 3 Ravi Ranjan Prasad 4 Ravi Sajan Prasad 5 Mukesh Prasad, sons of Mahendra Prasad, residents of village – Rampur Singhara, Police Station – Mahua, District – Vaishali - Petitioners Versus State of Bihar - Opposite Party ----------- 2 27.08.2009 Petitioners apprehend arrest in Mahua Police Station Case No 7 of 2009 instituted for offences under Sections 448, 504, 436/34 of Indian Penal Code and Section 3 (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel, with reference to the first information report of the present case which was registered on 05.01.2009, points out that the information that is being given on that day relates to an occurrence that had taken place on 06.12.2008 with absolutely no explanation for the delay. It is alleged that the petitioners came to the Marai (hatch) of the informant and called him by his caste name, beaten him up and burnt the hatch. Petitioners point out that the whole dispute is because petitioner No 1 purchased some land in name of his wife which the informant wanted to purchase. The purchase was made in April, 2008. Soon thereafter, the informant filed a similar case against the petitioners which, on investigation, police found to be false and submitted a final report. At the same time, father of petitioners filed another case against the informant which is pending investigation. Having seen the final report being filed in the earlier case by the informant that is Final Report No 155 of 2008 dated 2 21.10.2008 in Hajipur (Harijan) Police Station Case No 275 of 2008 dated 05.09.2008, the informant lodged the present case. Petitioners, thus, submit that the offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not made out because the name calling was not in public place and the first information report was lodged almost a month late with no explanation. Be that as it may, if the petitioners abovenamed surrender before the Court below within 4 weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Mahua Police Station Case No 7 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)