IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16817 of 2009 RAJA RAI & ANR Versus STATE OF BIHAR ----------- 2 20.5.2009 Heard learned counsel for the petitioners and the State. Two of the offences only are non- bailable, of them section 379 IPC may be super- addition but petitioners have been alleged for abusing in name of informant’s caste who comes from scheduled caste to humiliate him that is defended on the ground of being place not in public view as witnesses came only on alarm of the informant but it is apparent from the written application for the F.I.R. that the place was in side of the informant’s house and the distance of the people were so much that they came on alarm though there is no mention about remaining presence of persons while the abuse was given and last submission of learned counsel is about compromise. There may be no seriousness in the allegation but anticipatory bail petition is not maintainable for the offence under section 3(I)(x) of S.C./S.T.(Prevention of Atrocities) Act, so this application for anticipatory bail is - 2 - dismissed as not maintainable. Non-seriousness of the allegation followed by compromise can be considered by the court where case is pending including the court of Chief Judicial Magistrate, East Champaran at Motihari in Hajipur P.S.(SC/ST) Case No. 250 of 2008. If the prayer for bail is sought after surrender by the petitioners, the same shall be decided on its own merit without being prejudiced by the present order of dismissal on the same day. (Mandhata Singh,J.) AI