CRM -M No. 34722 of 2009 Noor Jahan vs. The State of Haryana Present: Mr.Gorakh Nath, Advocate for the petitioner. Mr.Ajay Singh Ghangas, Addl.AG, Haryana. *** This is a petition for anticipatory bail in a case bearing FIR No.118 dated 27.10.2009 under Sections 323, 506 and 34 IPC and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Kalka, District Panchkula. Learned counsel for the petitioner has alleged that though for an offence under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 anticipatory bail cannot be granted yet in the complaint there is no allegation that the petitioner knew that the complainant was from a Scheduled Caste. He has relied upon a decision of this Court in Pishora Singh v. State of Punjab reported as 2002(2) RCR (Criminal) 215 wherein in similar circumstances bail was granted to the accused persons. Learned Additional Advocate General is not in a position to deny this fact. Additionally it has also been brought out that the petitioner is a 70 year old woman. In the circumstances this petition is allowed. In the event of arrest of the petitioner she is ordered to be released on interim bail to the satisfaction of SHO/Investigating Officer, subject to the conditions laid down in Section 438(2) Cr.P.C. and further subject to the petitioner obtaining regular bail as and when challan is filed. (AJAY TEWARI) JUDGE December 14, 2009 sunita