IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.114 of 2010 1.PINTU KUMAR 2.Nunu Singh 3.Guddu Kumar 3.Om Prakash Kumar @ Om Prakash 5.Bhaijee @ Bhaijee Kumar 6..Roshan Kumar 7.Sonu Kumar 8.Deepak Kumar 9.Shailendra Kumar @ Shailendra Sharma 10.9.Kundan Kumar 11 Hari haran Singh @ Hari Haran Kumar 12.Chandan Kumar 13.Girjesh Kumar ………………………….Petitioners. Versus STATE OF BIHAR O.P. ----------- For the petitioners : Mr. Sanjeev Kumar, Advocate For the State : Mr. Nirbhay Kumar Singh, A.P.P. -------------- 3 4.5.2010 Heard the parties. In a criminal prosecution for offence under section 436 and some other minor and bailable offences under Penal Code as also under section 3(1) (vii)(x)(xv) of the SC & ST (P.O.A) Act 1989, the petitioners are named in the FIR as accused. It is submitted by learned counsel for the petitioners that the allegation of assaulting the informant for not casting vote in his favour is only against the petitioner Girjesh Kumar, but no such allegation is against other petitioners. Some of the petitioners are alleged to have assaulted the son of the informant also. Learned counsel for the State has strongly opposed the prayer made on behalf of the petitioners and submits that in view of ratio decidendi laid down by this Court in the case of Sajjao and others Vs State of Bihar reported in 2010 (2) BLJ 181 ,the provisions under section 3(1)(vii)(x) of the SC & ST (P.O.A) Act are clearly applicable against all the petitioners and, - 2 - therefore, the present petiton under section 438 Cr.P.C. is not maintainable. Taking into consideration the fact that the provision under SC & ST (P.O.A) Act is applicable against the petitioners, this application under section 438 Cr.P.C. is not maintainable. It is accordingly dismissed. The petitioners must surrender in the court below in connection with Paraiya P.S. case No. 109 of 2009 dated 21.10.2009 within a period of four weeks from today and, if so advised , seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J. ) M.Rahman