IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11125 of 2009 1. MAHADEO NANDAN SINGH, S/o late Ramnandan Singh 2. Ashok Kumar Singh @ Ashok Singh, S/o Mahadeo Nandan Singh 3. Jai Prakash Singh, S/o Mahadeo Nandan Singh Versus 1. The STATE OF BIHAR 2. Bhola Paswan, S/o late Badari Paswan ------ 2/ 17.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that only petitioner no.1 has been alleged for abusing the complainant in the name of his caste, which also is not made out as there is no mention in the Complaint Petition who were present near the place of occurrence to watch the incident and for the rest accused persons, it is said that allegations are bailable and parties have compromised also. For the offences under Scheduled Caste and Scheduled Tribes (Prevention of atrocities) Act, anticipatory bail is barred. In the instant case, there is clear mention about presence of the rest of the accused persons, while petitioner no.1 abused the complainant in presence of witnesses, who rushed to the place and saved the complainant. Compromise in my view also can never be made a ground for maintaining the anticipatory bail. As regards petitioner nos.2 and 3, both have no allegation for the offence under the Scheduled Caste and Scheduled Tribe (Prevent of Atrocities) Act. Accordingly, the prayer of the petitioner nos. 2 and 3 is allowed. 2 In the event of arrest or surrender within one month from today in connection with Complaint Case No. 726 of 2008 corresponding to Tr. No. 889 of 2009, above named petitioners no. 2 and 3 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., East Champaran at Motihari subject to the conditions as laid down under Section 438(2) of Cr. P.C. So far petitioner no.1 is concerned, I find no gravity in the allegation and parties have compromised also but his prayer is refused only due to non-maintainability of anticipatory bail petition. Accordingly, the prayer of petitioner no.1 is rejected. However, he is directed to surrender before the Court below and pray for regular bail which shall be decided on its merit without being prejudiced by the present order. shail (Mandhata Singh,J.)