IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12317 of 2010 NABKANT MISHRA @ NAVKANT MISHRA,son of Late Buchcho Mishra,resident of village-Gopalpur, O.P.-Balbahat,P.S.-Bakhtiyarpur,District- Saharsa. .. .. Petitioner Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioner: Mr.Amarnath Jha,Advocate For the State : Mr.Promod Kumar Pandey, Addl.P.P. ----------- 02/ 10-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 341/323/504 of the Indian Penal Code as also under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the petitioner, who is a Postmaster of local post office, is alleged to have assaulted the informant in presence of others on the question of issuance of her pass book by the petitioner. It is submitted by the learned counsel for the petitioner that all the offences under the Penal Code are bailable one and in view of the ratio decidendi as laid down by this Court in the case of Sajjo and others Vs. The State of Bihar, reported in 2010(2) BLJ 181, the offences alleged under the provisions of the said Act are inapplicable in the present case, therefore, the present petition filed under Section 438 Cr.P.C. is maintainable. It is further submitted that now the matter has been compromised between the parties. Taking into consideration the aforesaid circumstances, in the event of arrest/surrender within a period of four weeks from 2 today in Bakhtiyarpur (Balba Hat) P.S.Case No.316/2009, 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, Saharsa, 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.)