IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2485 of 2010 VARUN KUMAR JHA @ VARUN JHA,son of Satanjiv Jha, resident of village-Supaul,P.S.- Angarghat,District-Samastipur. Versus THE STATE OF BIHAR ----------- 03/ 26-03-2010 Heard Mr. Vishwanath Prasad Sinha, learned senior counsel appearing for the petitioner and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Angarghat P.S.Case No.31 of 2009 dated 12-07-2009 registered under Sections 452/376/511 of the Indian Penal Code and also under Section 3(1)(x) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that there is a case and counter case from both the sides vide Annexures-1 and 4 respectively and even according to the prosecution case allegation is of merely an attempt to commit offence of rape. Learned counsel for the State has pointed out that the offence alleged is fully covered under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and, therefore, in view of the bar of Section 18 of the said Act this application is not maintainable in view of the ratio decidendi as laid down by this Court in the case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and analogous cases. In that view of the matter, this application is dismissed as not maintainable. 2 The petitioner must surrender in the court below within a period of four weeks from today and seek regular bail. If such a petition is filed, the same shall be disposed of on its own merit without being prejudiced by this order. AH/ ( Birendra Prasad Verma, J.)