IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20818 of 2009 1. FAKIRCHAND SAH, son of late Chait Ram Sah 2. Shambhu Sah, son of Jindu Sah 3. Gajadhar Sah, son of Balkishun Sah 4. Jindu Sah, son of Manjhi Sah All residents of village-Bhasar Machhaha, P.S.-Bajpatti and Distt.-Sitamarhi- ------------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 23.7.2009 Heard learned counsel for the petitioners and the State. In the case non-bailable offences are under section 406 of the Indian Penal Code and section 3(1)(X) of the SC and ST (Prevention of Atrocities) Act. After going through the allegation and circumstances prevailing regarding relation of the parties are sufficient to show that allegation makers are daring to boldly making false allegation. Making of such observation is under the circumstance that earlier to the incident a case was lodged by the son of the informant for offence under sections 379, 380 and other allied sections of the Indian Penal Code and another by brother of the informant for the offence under sections 323, 324 and 379 of the Indian Penal Code. If the relation was so strained how it was possible to prepare Gur from sugarcane and to sell the same, then only realization of money comes in the picture. Then it is alleged abuse in the name of caste which prima facie is disbelieved. It appears that investigating officer is not aware of the offence under sections 182 and 211 of the Indian Penal Code allowing or permitting misdeed doers for making false allegation. But, in any case, I do not find it a fit case in which petitioners’ arrest in the name of a caste Scheduled Caste and - 2 - Scheduled Tribe can be refused. In the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of arrest or surrender within one month from the date of communication of this order the above named petitioners shall be released on bail on 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, Sitamarhi in Hajipur(Vaishali) P.S. case no.225 of 2008 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )