IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52202 of 2008 1. SURENDRA THAKUR @ SURENDRA PRASAD THAKUR S/o Late Ram Thakur 2. Babloo Thakur S/o Surendra Thakur Both resident of village Railway Colony, Sultanganj, P.S.- Sultanganj, District- Bhagalpur 3. Dilip Thakur, S/o Bachchu Thakur Resident of village-Bariyarpur, P.S.- Bariyarpur, District- Munger …… Petitioners Versus THE STATE OF BIHAR ….. Opposite Party ----------- 02 05.02.2009 Heard the counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners apprehend their arrest under Sections 341, 342, 323, 384/34 of the Indian Penal Code and Section 3 (X) of the S.C. /S.T. Act. On 20.5.2004 the petitioner No.1 lodged an F.I.R. under Section 323 of the Indian Penal Code alleging that the informant and other four persons assaulted him. On the very next day i.e. on 21.5.2004 the present F.I.R. has been lodged alleging that the petitioners dragged the informant on the road and abused him taking his Caste name. It is said that the informant had dragged and taken away the informant to his own house and on “hulla” some persons assembled there and saved the informant. Learned counsel for the petitioners submits that as far as Section 384 of the Indian Penal Code is concerned, it is not applicable as it is said prior to the occurrence some demand has been made from the informant. With respect to Section 3(X) of the S.C. /S.T. Act it is - 2 - submitted that F.I.R. shall reveals that the said abuses has been given at a lonely place. It is further submitted that the F.I.R. has been lodged in retaliation of the F.I.R. lodged on 20.5.2004 and the case is still pending for investigation. Considering the submissions aforesaid, petitioners, Surendra Thakur @ Surendra Prasad Thakur, Babloo Thakur and Dilip Thakur, in the event of their arrest/surrender in the court below within six weeks from today shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with S.C./S.T. P.S. Case No. 42 of 2004, Subject to the conditions that Charge-sheet in this case has not been submitted as yet. P.K. (Sheema Ali Khan, J.)