IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16105 of 2009 1. HASIBUL @ SARDA,son of Sk.Sadruddin 2. Md.Zaffar,son of Sk.Sadruddin 3. Md.Aniful,son of Sk.Sadruddin 4. Md.Mamool,son of Abdul Quddus Petitioners no.1 to 3 resident of village-Kabaiya,P.S.-Kadwa,District-Katihar and petitioner no.4 resident of village- Kujibana,P.S.-Kadwa,Dist.-Katihar. Versus STATE OF BIHAR ----------- 02/ 14-05-2009 Heard learned counsel for the petitioners and the State. Petitioners have been alleged for causing of assault with intention to kill and further outraging the modesty of the informant’s wife due to her being member of the scheduled caste. I agree with the submission of the learned counsel for the petitioners that no offence at all is made out for the offence under Section 307 of the Penal Code, nor under Section 3(1)(xi)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as there was only attempt of pulling Saree with threatening to nakedding, while the reality is that the informant’s nephew kidnapped the minor girl of Hasibul (petitioner no.1). In the suggested and discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Kadwa P.S.Case No.29 of 2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to the 2 conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )