IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10489 of 2009 1. Binod Kumar Modi son of Radhey Modi. 2. Ravindra Kumar Modi son of Radhey Modi. 3. Bhushan Yadav son of late Musharu Yadav. All are residents of Village- Singh Chak, Police Station-Chanan, District- Lakhisarai…………………………….Petitioners. -Versus- The State of Bihar……………………………..Opposite Party. ----------- 2. 18.5.2009. Heard the learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 341, 323, 504, 406/34 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act), 1989. They are named in the First Information Report and are alleged to have abused the informant by his caste’s name and have also assaulted him. Counsel for the petitioners submits that the allegation setout against them under the Penal Code appears to be bailable as the injuries suffered by the informant is not grievous. The injury suffered by the informant may not be grievous but in the case alleging the offence under Section 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 the anticipatory bail petition is not maintainable in view of Section 18 of the Act. Counsel for the petitioners then submitted that the allegation under Section 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, is not made out against the petitioners. Submission has been noted only to be rejected as from the contents of the First Information Report it is evident that the petitioners had abused the - 2 - informant in public view. In the circumstances, the offence under Section 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out and this application is rejected directing the petitioners to surrender in the court of Chief Judicial Magistrate, Lakhisarai in connection with S.C./S.T. P.S. Sadar Munger P.S. Case No. 14 of 2009 within four weeks from today. Let this order be communicated to the C.J.M., Lakhisarai in connection with S.C./S.T. P.S. Sadar Munger P.S. Case No. 14 of 2009 through fax on payment of usual charges by the petitioners. U.K. (V.N.Sinha,J)