IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39215 of 2009 1. MARAI SAH 2. Mahesh Sah alias Maheshi Sah 3. Bablu Sah 4. Sobha Devi 5. Bhuar Devi 6. Sunaina Devi 7. Tusha Kuer alias Tusha … … Petitioners Versus THE STATE OF BIHAR … Opp. Party ----------- 3. 6.1.2010 Heard. The petitioners are accused in a case under various Sections of the I.P.C. including Sections 380 and 307 of the Penal Code besides Section 3(x) SC and ST (Prevention of Atrocities) Act. It is not that the Court is not inclined to entertain the present petition, rather, wants the court below to hear the prayer for bail of the petitioners as and when they appear before it on its own merits without being least influenced by the section of the offence or special nature of the enactment. It was submitted before me that there is a counter version of the incident also and that case has been registered under Section 325 and other Sections of the Penal 2 Code. This Court wants to impress upon the court below that individual allegations have to be read and considered in the light of the defence of the accused while deciding the prayer for bail and the court has never to be influenced by the section or an enactment. I believe that the court below fully understands the import of the present observation and considers the prayer as and when the petitioners surrender and pray for regular bail. It is already known to the court that accused Bhuar Devi who was also a petitioner in this petition and who had been arrested and remanded to custody, as per information, has been admitted to bail. The petition is disposed of with the above observation. Let this order be communicated to the lower court, i.e., Chief Judicial Magistrate, Bhojpur, Ara, in Ara S.C./S.T. P.S.Case No.26 of 2009 through fax at the cost of the petitioners. Kanth ( Dharnidhar Jha, J.)