IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35867 of 2011 1.Raju Singh 2.Vijay Singh @ Vijay Kumar Singh Both sons of late Bahadur Singh 3.Prahlad Singh son of Hanuman Singh 4.Bharat Singh son of late Santu Singh All residents of village-Alampur, P.S.-Sheosagar, Dist.-Rohtas. Versus The State of Bihar ----------- 2. 24.10.2011. Heard learned counsel for petitioners and learned counsel for the State. At the outset, learned counsel for petitioners submits that petitioner nos.3 and 4, namely, Prahlad Singh and Bharat Singh have already been taken into custody and as such their application for grant of anticipatory bail has become infructuous. In the light of the aforesaid submission the application for grant of anticipatory bail so far as it relates to petitioner nos.3 and 4 is dismissed as infructuous. So far as petitioner nos. 1 and 2 are concerned, they apprehend their arrest in connection with a case registered for the offence punishable under sections 341, 323, 504, 436 and 380/34 of the Indian Penal Code and section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is submitted that the petitioners have filed a Title Suit being T.S. No. 66 of 2010 against the informant of this case and the same is pending in the court of learned Munsif-I, Sasaram and, therefore, the petitioners have falsely been implicated in this case. It is also submitted that petitioner no.2 Vijay Singh has filed a case being 2 Sheosagar (Baddi) P.S. Case No.3 of 2011 for the offence punishable under sections 452, 380, 323 and 504 of the Indian Penal Code against the informant and others. There is dispute relating to house between the petitioners and the informant of this case. It is also submitted that there is no allegation that the accused persons intentionally insulted or intimidated with intent to humiliate a member of Scheduled Caste or a Scheduled Tribe in any place within public view and, thus, no offence under section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would be attracted in the facts and circumstances of the case. Be that as it may, Taking into consideration the aforesaid submissions, let the petitioners, namely, Raju Singh and Vijay Singh @ Vijay Kumar Singh in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri SC/ST P.S. Case No.9 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)