IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33018 of 2009 1. UPENDRA NATH VERMA 2. NUNU SINGH--------PETITIONERS. Versus STATE OF BIHAR . ----------- 2 16.11.2009 Heard Counsel for the petitioners and the counsel appearing for the State. First Information Report has been instituted for offence under Sections 341,323,504,506,427,384 of the Indian Penal Code and section 3(1) (ix) (x), (xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Counsel for the petitioners submits that informant is the Mukhiya of Belhari Gram Panchayat. A false case has been instituted against the petitioners alleging that they demanded Rangdari money and contract work which was refused by the informant, as such she was abused in filthy language taking caste’s name. Counsel for the petitioners submits that earlier petitioners had filed Criminal Writ application in the High Court for instituting a criminal case against the informant on account of defalcation of Government money. Petitioner no.1 had also filed a petition before the Member Secretary, Panchayat Raj Department for removal of the informant from the post 2 of Mukhiya due to her illegal misuse of power vested in the Mukhiya of the Gram Panchayat. Counsel for the petitioners submits that allegation do not make out an offence under Section 3(1) (ix), (x),(xi) of the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act as well as other offences alleged in the Indian Penal Code. Considering these facts, prayer for anticipatory bail on behalf of the above named petitioners is allowed. In the event of their arrest/surrender within four weeks from today, the petitioners aforementioned shall be enlarged on anticipatory 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, Gaya in connection with SC/ ST P.S. case No. 17 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mridula Mishra,J.) A.Kumar