IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17805 of 2010 BINOD KR.SAH @ BINOD KR.PRASAD & ORS Versus STATE OF BIHAR ----------- 02. 21.05.2010. Heard the learned counsels for the parties. The petitioners, namely, (i) Binod Kr. Sah@ Binod Kr. Prasad, (ii) Bijay Sah (iii) Sukhal Sah (iv) Chhote Lal Sahg (v) Lakshuman Sah (vi) Kanhayee Sah, who apprehend their arrest in Chautarva (Bathawaria) P.S. Case No.96 of 2010 under Section 147, 149, 341, 323, 354, 379 and 504 I.P.C. read with Section 3(1) (x) of Scheduled Castes and Scheduled Tribes (Atrocities) Act, 1989. The allegation is that the petitioner, Binod Kumar Sah @Binod Kumar Prasad entered into the informant house and caught her wrist and on raising halla by the informant, the other accused persons came their with lathi and there was assault. The learned counsel for the petitioner submitted that in this case, the allegation constituting offence under the Atrocities Act is absent. In the facts and circumstances of the case, the Atrocities Act is not applicable and, therefore, Anticipatory Bail is maintainable. On the other hand, the learned A.P.P. objected the prayer for Anticipatory Bail. 2 In various decisions of this Court including a decision reported in 2010 (2) P.L.J.R. 690, it has been held that mere lebelling of a Section of the Atrocities Act will not take away the right of the Court to hear the application under Section 438 of Cr.P.C. Further, it has been held that Court is required to see as to whether prima facie case under the Atrocities Act is made out or not. In the present case, it appears that prior to institution of this case by the informant, the petitioners had already instituted criminal case against the informant’s family member under Section 147, 149, 447, 354, 379, 341, 323/504 I.P.C. and the allegation in the present case is similar in nature. In view of the above facts that there is cases and counter cases between the parties, I direct the petitioner to surrender before the Court below within one month from today and on surrendering, the petitioners be released on bail on furnishing bail bond of Rs.5000/- with two sureties of the like amount to the satisfaction of the Court below subject to 438 (2) of Cr.P.C. Sanjeev/- (Mungeshwar Sahoo,J.)