IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43253 of 2008 1. Sudama Mandal son of Late Kuldeep Mandal. 2. Arvind Kumar Sharma son of Sudama Mandal. Both resident of Village- Fatehpur, Police Station- Nathnagar, District- Bhagalpur. ------Petitioners. The State of Bihar………………………Opposite party. ----------- 2. 23.12.2008. Heard the learned counsel for the petitioners and counsel appearing on behalf of the State. The petitioners are accused in a case under Sections 448, 341, 323, 379,504, 34 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Caste/Scheduled Tribe Prevention of Atrocities Act. The petitioner no.2 had purchased a piece of land in the name of his wife Anita Sharma. The informant and others had tried to enter on the said land and had in fact were building a boundary wall for which the petitioner No.2 filed a Sanha before the Chief Judicial Magistrate, Bhagalpur on 25.10.2007 and a complaint before the Superintendent of Police, Bhagalpur on 30.11.2007. Learned counsel for the petitioners submits that the present case has been instituted in order to take illegal possession of the land purchased by the petitioner No.2. It is alleged that the petitioners entered the house of the informant and abused him by calling his caste’s name. Learned counsel for the petitioners submits that no offence is made out against Harijan Act as the allegation of abuse is within the house and not in public place. Considering the facts aforesaid, in the event of arrest or - 2 - surrender the petitioners Sudama Mandal and Arvind Kumar Sharma are directed to be released on Anticipatory 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, Bhagalpur in connection with S.C./S.T. P.S. Bhagalpur Case No. 43 of 2007 subject to the conditions as laid down under Section 438(2) of the Code of Criminal procedure. U.K. (Sheema Ali Khan,J)