IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12097 of 2010 SOBHA DEVI,w/o Sri Bauelal Mahto,R/o Vill.- Nonpur,P.S.-Teghra,District-Begusarai. .. .. .. Petitioner Versus THE STATE OF BIHAR.. .. Opp.Party. ----------- For the Petitioner :Mr.Shubhesh Pandey,Advocate For the State :Mr.C.Jawahar,Addl.P.P. ----------- 02/ 03-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 452 and 380/34, besides other minor and bailable offences under the Penal Code, as also under Section 3(1)(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, it is submitted that the petitioner and the informant are the next door neighbours and the petitioner along with other family members are alleged to have entered into the house of the informant and assaulted the daughter-in-law of the informant. Petitioner is alleged to have damaged some tiles of the house of the informant. It is further submitted that admittedly the occurrence in question had taken place inside the house of the informant in the evening hours at about 9 P.M. and this was not within the public view. Therefore, 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, the provisions of Section 3(1)(x)(xi) of the said Act are inapplicable, and therefore, the present petition under Section 438 Cr.P.C. is maintainable. It is also submitted that offences 2 under the Penal Code are not attracted against the petitioner and she is a lady. The entire occurrence took place because of some fight amongst the kids of both the sides. Be that as it may, in the facts and circumstances of the case, in the event of arrest/surrender within a period of four weeks from today in S.C. & S.T. P.S.Case No.129 of 2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, 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.)