IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33567 of 2011 1. RAJ KUMAR SAH, S/O NATHUNI SAH. 2. ASHARFI SAH, S/O NATHUNI SAH. 3. PRABHU SAH, S/O LATE SINGASAN SAH. 4. JIUT SAH, S/O LAE SINGASAN SAH. 5. CHANDAN SAH, S/O RAJ KUMAR SAH. ALL RESIDENT OF VILLAGE-BAHUWARWA, P.S.- JAGDISHPUR, DISTRICT-WEST CHAMPARAN. …………PETITIONERS. Versus THE STATE OF BIHAR …………OPPOSITE PARTY. ----------- 3 24.10.2011 This application has been filed under Section 438 of the Code of Criminal Procedure. Case is under Section 3(1) (iv) (v) (x) of S.C./S.T. (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that, in fact, there was a incident on 21.07.2011 in which the informant and others had brutally assaulted the father of petitioner no.1 and 2 on account of some earth having been unloaded by tractor which the petitioners’ side was trying to level up towards their door. The father of petitioner nos.1 and 2 was hospitalized and when his condition deteriorated on 24.07.2011 the informant has falsely lodged the present case showing some occurrence as to have happened on 19.07.2011. Learned 2 counsel submits that the father of petitioner nos.1 and 2 died in the hospital on same very day. Be that as it may, the present FIR shows that prima facie an offence under S.C./S.T. Act is made out. Hence, anticipatory bail is not maintainable in terms of the provisions of the Act. Therefore, the application is dismissed. However, if the petitioners surrender before the court below and apply for regular bail it shall be considered by the court below on its own merits and taking into account all surrounding circumstances and, if possible shall be disposed of on the same day. Let this order be communicated to the court below through fax at the cost of the petitioner. Arvind/ ( J.N. Singh, J.)