IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33601 of 2010 MD.MOHIUDDIN Versus STATE OF BIHAR ----------- 2 07.10.2010 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. Petitioner apprehends his arrest in connection with C.R.No.1145 of 2009 corresponding to T.R. No. 1737 of 2010 for the offence punishable under Sections 341, 323 and 504 of the Indian Penal Code and section 3/4 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘Act’). Learned counsel with reference to the substance of allegation as set out in the complaint petition submits that as according to the complainant himself the petitioner have gone to the house of the complainant and it is at that, place within his residential premises, the alleged occurrence is said to have taken place. He thus submits that the condition as set out in Section 3(i)(X) does not stand fulfilled in the present case and which fact has also been taken note of by the Court below upon perusal of the materials available on record. He thus submits that the alleged offence under the Act not having been made by the complainant and the other 2 allegations/charge set out against the petitioner being bailable, the prayer made by the petitioner requires consideration. Taking into consideration the circumstances, the statutory provision and the submissions of the learned counsel, let the petitioner namely, Md. Mohiuddin, in the event of arrest or surrender within four weeks from the date of receipt/production of a copy of this order before the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with C.R.No.1145 of 2009 corresponding to T.R. No. 1737 of 2010 subject to the condition stipulated under Section 438(2) of the Code of Criminal Procedure. Bibhash (Jyoti Saran, J.)