IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22696 of 2011 Sheela Devi wife of Yyas Yadav resident of village Khardih, P.S. Mohanpur, District-Gaya. Petitioner. Versus The State of Bihar. Opposite Party. ----------- 2 15-07-2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Sections 341, 323, 353, 504/34 of the Indian Penal Code and 3 (X) of S.C./S.T. Act, 1989. The allegation against the petitioner is of abusing and assaulting the informant who belongs to a scheduled caste in public view. The ingredients of offence under Section 3 (X) of S.C./S.T. Act is thus attracted and in view of Section 18 of the Act, an application under Section 438 of the Code of Criminal Procedure would not be maintainable. In that view of the matter, I am not inclined to grant anticipatory bail to the petitioner and hence the same is dismissed. The petitioner however may surrender and seek regular bail which shall be considered on its own 2 merit without being prejudiced in any manner by this order of rejection as the present application has been rejected only on the ground of non-maintainability of application in view of allegation under S.C./S.T. prevention of Atrocities Act. Kamlesh (Ashwani Kumar Singh, J.)