IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18438 of 2009 1. JHAGAR RAUT @ JKAKHAR PATEL, son of late Bharat Raut 2. Kalawati Devi, wife of Jhagar Raut @ Jkakhar Patel 3. Dharmendra Raut, son of Jhagar Raut @ Jkakhar Patel 4. Amresh Raut, son of Luti Raut 5. Mannu Raut @ Bhanu Raut 6. Rune Devi, wife of Bhannu Raut All are residents of village Semuapur, P.S.-Dumaria Ghat, District-East Champaran------------------------------------------------------------petitioners. Versus STATE OF BIHAR ----------- 2. 3.7.2009 Learned counsel for the petitioners is permitted to make necessary correction in the name of petitioner no.5. Two offences, according to the learned counsel for the petitioners, are non-bailable which are for the offences under section 379 of the Indian Penal Code and Section 3(i)(x) of the SC and ST ( Prevention of Atrocities) Act. According to the learned counsel, previous enmity was prevailing in between the parties. Earlier cases filed against each other are pending. So a super-added allegation is made for offence under section 379 of the Indian Penal Code and for offence under section 3(1)(X) of the SC and ST (Prevention of Atrocities) Act. It is said that there is no specification about the word and person and the time is quite vague in constituting any offence. Having regard to the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the - 2 - satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Dumariaghat P.S. case no.79 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )