IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39973 of 2008 AKALU SAH & ORS Versus STATE OF BIHAR ----------- 2 26.09.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused in a case registered for the offence under sections448, 380, 504 of the Indian Penal Code and section 3 & 4 of the SC/ST (Prevention of Atrocities) Act. It has been submitted on behalf of the petitioner that during the pendency of this application the petitioner no.5 namely, Arjun Sah has been arrested and as such this application as against him has become infructuous. This application is, accordingly, dismissed as infructuous as against him. It has been submitted that the allegations made in the first information report does not make out any offence under the provisions of the SC/ST (Prevention of Atrocities) Act as the allegation is that the petitioners are alleged to have used filthy language. It is further submitted that the present first information report has been lodged for ulterior purposes as would be appearing from Annexure-3 that initially the informant approached the Circle Officer for issuing Parcha in his favour in respect of the land in - 2 - question which belonged to the petitioner. Accordingly, Circle Officer rejected the request for issuance of Parcha and thereafter the matter has been taken in the civil Court by filing Title suit No. 63 of 2008 (annexure-4) by the informant against the petitioners, and at the same time, he has filed the present case after delay of nearly about two months from the date of alleged occurrence. As such, the present case has been lodged only to humiliate the petitioners and to restrain them from going over their own land. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Akalu Sah, Smt. Anjali @ Smt. Anjali Devi, Deepak Sah @ Deepak Kumar Sah, Raj Kumar Sah & Kartik Sah @ Kartik Kumar Sah be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with Azamnagar P.S.Case No. 78 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)