IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14274 of 2010 SANDEEP SINGH YADAV, resident of village Hichhan Bigha, P.S. Daudnagar, Dist. Aurangabad ….Petitioner. Versus STATE OF BIHAR Opposite party. ----------- 2 21.5.2010 Heard the parties. In a criminal prosecution for offence under section 379/34 and other minor or bailable offences under the Indian Penal Code as also under section 3(1) (ix)(x) of the SC & ST (P.O.A) Act, the petitioner is alleged to have hurled abuses to the informant. Thereafter he along with other accused persons are alleged to have assaulted him. Petitioner is further alleged to have snatched Rs. 4000/- and one golden chain from the informant. Learned counsel for the petitioner submits that though the occurrence is said to have taken place in the market place, but from the tenor of the FIR vide Annexure-1 it does not appear that informant was intentionally insulted or humiliated on the ground that he is a member of schedule caste rather it appears that there was some business transaction from before between the parties and for that reasons some altercation is said to have taken place there. Therefore, it is submitted that in view of ratio decidendi laid down by this court in the case of Sajjo and others Vs. State of Bihar reported in 2010(2) BLJ 181, the offences alleged under the provisions of SC & ST (P.O.A) Act are not applicable in the present case. Thus the present application under section 438 Cr.P.C. is maintainable. By referring to annexure-2, it has also submitted that the matter has been compromised between the parties, wherein it has been admitted that due to certain confusion regarding cassette business, the present case was - 2 - filed but now the good relationship has been restored between the parties. Taking into consideration the aforesaid facts and circumstances, in the event of arrest or surrender in the court below within a period of four weeks from today in connection with Daudnagar P.S.Case No. 108 of 2009, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Aurangabad ,subject to the conditions laid down under Section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman