IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35808 of 2010 SEKHAR MAHTO & ANR Versus STATE OF BIHAR ----------- 02/ 25.11.2010 Heard learned counsel for the petitioners as well as learned P.P. for the State. Allegedly, petitioners assaulted the informant and other family members with lethal weapons and also uttered his caste name with intention to humiliate. It appears from perusal of the impugned order that the informant and his wife received simple injuries and allegation against petitioner no.2 is that she bit informant’s wife and except aforesaid allegation there is nothing against her. So far as petitioner no.1 is concerned, he allegedly assaulted the informant as well as his son with back portion of spade. The impugned order reveals that the informant’s son has received grievous injury. The contention of learned counsel for the petitioners is that almost all the injured of this case have received simple injuries and so far allegation of the SC/ST (Prevention of Atrocities) Act is concerned, the application of the aforesaid provision appears to be doubtful. In view of the above stated submissions as well as facts and circumstances of the case, petitioner no.2 Kabita Devi, in the event of her arrest/ surrender within 30 days from the date of communication of the order, be released on bail in connection with Neema Chandpura P.S. Case no. 35 of 2010 on furnishing bail bond of Rs 10,000/- with - 2 - two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai subject to condition as laid down under section 438(2) of the Cr. P.C. So far prayer for anticipatory bail of petitioner no.1, Sekhar Mahto, is concerned, the same stands disposed of with direction to petitioner no.1 to surrender before the learned court below and seek regular bail within 30 days from the date of communication of this order and if petitioner no.1 so surrenders before the learned court below within the above stated period, the learned court below shall consider his regular bail application on its own merit without being prejudiced by this order, particularly, keeping in mind the nature of the injuries sustained by the injured persons. It is made clear that if all the injured have received simple injuries then, in that event, the learned court below shall release the petitioner no.1 on bail. shahid (Hemant Kumar Srivastava,J)