IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48647 of 2008 GUDDU RAI SON OF BRIHASHPATI RAI, RESIDENT OF VILLAGE MURAUL, POLICE STATION PARSAUNI, DISTRICT SITAMARHI ……… PETITIONER. Versus THE STATE OF BIHAR …… OPPOSITE PARTY. ----------- 4. 23.6.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 379 and other allied Sections of the Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He is named in the first information report along with eight others. It is submitted on his behalf that from perusal of the first information report itself it will appear that the occurrence has taken place on account of land dispute between the parties and the land in question was given to the petitioner and others of his branch during partition by Jai Narayan Rai as would appear from the order dated 10.2.1977 passed by the Consolidation Officer in Consolidation Case No.93 of 1977. Notwithstanding the genesis of the occurrence there has been assault on the person of Sheela Devi and the injury report is Annexure-4, but Counsel for the petitioner submits that the allegation against the petitioner is that he along with two others threw the mother of the informant in a house which was set ablaze but she has not suffered any burn injuries and the allegation of assault is against others and not the petitioner. 2 Let petitioner, namely, Guddu Rai surrender in the court below within four weeks from today and the court below verify from the records and if it is true that the petitioner has not assaulted the mother of the informant, then he be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Parsauni P.S.case No34 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Until such verification, no coercive steps be taken against the petitioner. Narendra/ ( V. N. Sinha, J. )