IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38754 of 2009 1. DIPAK KUMAR KASHLIWAL @ DEEPAK KASLIWAL 2. MANISH KUMAR KASHLIWAL @ MANISH KASLIWAL 3. NAVIN KUMAR KASHLIWAL @ NAVIN KASLIWAL ALL SONS OF SHRI VIJAY KUMAR KASHLIWAL @ VIJAY JAIN, RESIDENT OF DHAMGANJ, P.S. & DISTRICT – KISHANGANJ …….. Petitioners Versus STATE OF BIHAR ……….. Opposite Party ----------- 4/ 17.05.2010 Heard learned counsel for the petitioners and learned counsel the State. Petitioners are alleged to set the victim / informant on fire by taking her to kitchen and opening the gas, lighting match. Now the victim lady is dead. Land dispute is admitted. Informant’s family was residing in the house that also is admitted. Petitioners were requesting or pressing to vacate the house claiming it purchased from its real owner. Section 3(1)(xi) of S.C. & S.T. Prevention of Atrocities Act is made applicable in the case. Everything happened inside the house not in public view. That Section is not applicable here but F.I.R. was filed for the offence under Section 307 of the Indian Penal Code which ought to be converted into one under Section 302 I.P.C. on death of the victim if petitioners had any hand in killing case will fall under Section 3(2)(V) of S.C. & S.T. Prevention of Atrocities Act. Some alibi is there, some defence is there on behalf of petitioners who are real three brothers from business community can favour them in regular side, otherwise, finding application of S.C. & S.T. Prevention of Atrocities Act, I am of the view that anticipatory bail petition is not maintainable. Accordingly, prayer of the petitioners for anticipatory bail is rejected. However, petitioners are directed to surrender in the court below and seek for regular bail which shall be decided on its merit. Praful ( Mandhata Singh, J. )