IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41308 of 2008 1. BABLU MALAKAR 2. SHAMBHU MALAKAR 3. ROSO DEVI Versus STATE OF BIHAR ----------- 2 21.10.2008 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in a case under Section 376and other Sections of the indianPenal Code and Section 3(X)(XI) of S.C. & S.T.Act. It is submitted by the learned counsel for the petitioners that Section 376 I. P.C. is not applicable against these petitioners. The entire allegation is against one Ganesh Malakar. The petitioners have been implicated in this case because of being brothers and mother of Ganesh Malakar. It is further submitted that the victim and accused persons belong to the category of Scheduled Caste and therefore, provision of S.C. and S.T. Act is not applicable against the petitioners. Considered the submission of learned counsel for the petitioners. Perused the complaint petition. On perusal of the complaint petition it is quite apparent that it is matter of love affairs of the victim with Ganesh Malakar. Thereafter, some dispute arose, as a result of which this case has been filed implicating these petitioners also in the present case. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks of receipt of this order, the petitioners named above, shall be released on bail on 2 furnishing bail bond of Rs.10, 000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Paranpur P.S.Case No. 105/2008 subject to conditions as laid down under Section 438 (2)Cr.P.C. B.Jha (Ghanshyam Prasad)