IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12676 of 2010 1. ABDUL RAHIM @ MUNNA DEWAN,son of late Ishar Dewan. 2. Md.Shamsad @ Md. Shamshad Ali,son of Abdul Rahim @ Munna Dewan, Both are residents of village- Goriyapatti,P.S.-Bagaha,District-West Champaran. .. Petitioners Versus THE STATE OF BIHAR.. Opp.Party ----------- For the Petitioners :Mr. B.N.Mishra,Advocate For the State :Mr. Dinesh Singh,Addl.P.P. ---------- 02/ 12-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 406, 420 and other allied offences of the Indian Penal Code as also under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the petitioners are named in the FIR as accused and they are alleged to have taken Rs.7,500/- from the informant for the purpose of casting roof of the house of the informant. Despite receiving the aforesaid amount of Rs.7,500/-, the petitioners are alleged to have neither started work, nor returned the aforesaid money to the informant and on demand for return of the money, the informant was allegedly hurled abuses and assaulted by the petitioners. Learned counsel for the petitioners submits that in the background of the case, offences alleged under Section 3(1)(x) of the said Act appears to be super addition only with a view to make the case serious. He also submits that in view of the ratio laid down by this Court in the case of Sajjo and others Vs. The State of Bihar, 2 reported in 2010(2) B.L.J. 181, calling the informant by his caste name would not, ipso facto, constitute an offence under the said Act and, therefore, the present petition under Section 438 Cr.P.C. is maintainable. On merit, though the allegation of taking advance of Rs.7,500/- by the petitioners is being denied, but on query by the Court, learned counsel for the petitioner has taken a very fair stand that his client is prepared to deposit the entire amount of Rs.7,500/- in the court below, provided that the deposit made by them may not be construed as admission of the guilt. Be that as it may, in view of the fair stand taken by the learned counsel for the petitioners, it is directed that the petitioners shall deposit an amount of Rs.7,500/-in the court below within a period of four weeks from today and on such deposit being made, then in the event of arrest/surrender within same period in S.C. S.T. Hajipur P.S.Case No.25 of 2010, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, District-West Champaran, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. However, it is made clear that once the money is deposited by the petitioners, the same shall not be construed as admission of the guilt by the petitioners during the course of trial, 3 but in the meantime on proper verification/identification money shall be paid to the informant by the learned court below. It goes without saying that if the aforesaid money is not deposited within the time frame, then it will be construed that the prayer made on behalf of the petitioners for grant of anticipatory bail has finally been rejected by this Court and in that case the petitioner would be obliged to surrender in the court below, and seek regular bail, if so advised. AH/ ( Birendra Prasad Verma, J.)