IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18205 of 2008 SHYAM BIHARI SINGH YADAV @ SHYAM BIHARI YADAV & ORS Versus STATE OF BIHAR ----------- 2 16.5.2008 Since petitioner no.1, Shyam Bihari Singh Yadav @ Shyam Bihari Yadav has been arrested, the learned counsel for the petitioners prays for permission to withdraw this application so far as he is concerned. The prayer for anticipatory bail on behalf of the petitioner no.1, Shyam Bihari Singh Yadav @ Shyam Bihar Yadav is hereby rejected. The remaining three petitioners, namely, Ram Awtar Singh Yadav, Kanhaiya Yadav and Dinesh Kumar Yadav are apprehensive of their arrest in connection with Complaint Case No. 319 of 2006 registered under Sections-379 and other allied Sections of the Penal Code as also Section-3(1)(x) of Scheduled Caste & Scheduled Tribe ( Prevention of Atrocities ) Act, and have prayed for anticipatory bail. In the complaint itself, there is direct allegation against Shyam Bihari Singh Yadav and Kanhaiya Yadav of using foul and intimidating language so as to intentionally humiliate the complainant who happens to be a member of the Schedule Caste in a public place within public view. There is no such allegation against the petitioner, Ram Awtar Singh Yadav and Dinesh Kumar Yadav. Accordingly the prayer for anticipatory bail on behalf of Kanhaiya Yadav is rejected. - 2 - In the event of arrest/surrender by the petitioners, Ram Awtar Singh Yadav and Dinesh Kumar Yadav , in the court below within three weeks from today, they shall he enlarged on bail on each of them furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri R.R. Tripathy, Judicial Magistrate, Ist Class, Kaimur at Bhabhua in connection with Complaint Case No.319 of 2006; S.T.No.1377 of 2007, subject to the condition as laid down in Section-428(2) Cr.P.C. ( Abhijit Sinha,J) NKS/-