IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13038 of 2009 1. MATIUR RAHMAN 2. MD. ASHFAQUE NOORIE @ ASHFAQUE Versus THE STATE OF BIHAR ----------- 3 31.08.2009 Heard both sides. Petitioners seek anticipatory bail in a case instituted under diverse sections of Indian Penal Code including Section 3(x) of the S.C./S.T. Act. Learned counsel submits that on the same day, two F.I.Rs were lodged. One case was lodged by petitioner no. 2 (F.I.R. is Annexure-2). Another case was lodged by the present informant (F.I.R. is Annexure-1). In the case lodged by the petitioner no. 2, the present informant is accused. Referring to the statements made in paragraph 7, it has been contended that the police have found the case true. The court below has rejected the present application seeking anticipatory bail on the ground that in view of the provisions of S.C./S.T. Act, grant of anticipatory bail is prohibited. Learned counsel submits that Section 3(x) of the S.C./S.T. Act, in the facts of the present case, is not applicable and the other offences under the I.P.C. is bailable. This court finds that the present case has been lodged probably as a retaliatory measure . In the event, the petitioners surrender in the court below within a period of four weeks and make prayer for grant of regular bail, the court below shall consider all aspects of the 2 matter including Annexure-2 which has been lodged by the petitioner no. 2 and pass appropriate orders on merit uninfluenced by the present order. This application is, accordingly, disposed of. Let the order be communicated through fax at the cost of the petitioner in connection with Pothia P.S. case no. 167 of 2008 pending before learned Chief Judicial Magistrate, Kishanganj. pkj ( Kishore K. Mandal, J. )