IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46418 of 2009 Naresh Singh, son of Alakhdeo Singh, resident of Village- Rajauli, P.S. Rajauli, District-Nawadah. …….Petitioner. Versus The State of Bihar ……………………….Opposite Party. ----------- 3. 06. 04. 2010. Heard the parties. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 128/09 dated 2. 8. 2009, registered under Section 364 of the Indian Penal Code as also Section 3 (1) (x) of S.C. and S.T. (Prevention of Atrocities) Act. It is submitted by the learned counsel for the petitioner that in view ratio decidendi laid down by this Court in an un- reported case of Sajjo & Ors. Vrs. State of Bihar passed in Cr. Misc. No. 746/2010 and its analogous cases, the provision under Section 3(1)(x) of the said Act is inapplicable and therefore, petition under Section 438 Cr.P.C. is maintainable. Learned counsel for the State has pointed out that the victim boy is still traceless. In that view of the matter and particularly on the ground that victim boy is still traceless, prayer for grant of anticipatory bail of the petitioner is dismissed. He must surrender in the court below within a period of four weeks from today, and if so advised, seek regular bail. If such a petition is filed, then the same may be considered on its own merit without being prejudiced by the present order. m.p. ( Birendra Prasad Verma, J.)