IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23439 of 2009 1. NAGENDRA SINGH 2. SANTOSH SINGH ….. PETITIOENRS Versus 1. THE STATE OF BIHAR ….. OPP. PARTY ----------- 02 15.09.2009 Heard learned counsel for the petitioners. Nobody appears on behalf of the State. Petitioners have applied for anticipatory bail in a case instituted under Sections 147, 148, 149, 448, 341, 323 and 504 of the Indian Penal Code and Section 3 (X) of the SC/ST Act. Informant happens to be a member of Scheduled Caste. On small issue, there was some exchange of abuse followed by assault. Matter thereafter pacified. Subsequently, these petitioners again arrived at the door and abused her in the name of her caste, using filthy language, thereafter the allegation is that they assaulted with lathi and danda. It appears, the further allegation is that they committed theft. Learned counsel submits that the offences punishable under the Penal Code are minor and bailable. So far as, allegation of theft is concerned, that has been added to make the case look more serious. It is next contended that allegations were also interluded to attract provisions of the SC/ST 2 Act. It is, thus, submitted that the allegations shall not constitute offence punishable under SC/ST Act. This Court for the present is not inclined to express any opinion on the said contention, as the same may prejudice either the informant or the petitioners. It would be better that petitioners shall apply for regular bail in the court below. If the petitioners surrender and apply for regular bail, court below shall pass order on its own merit uninfluenced by the present order. The application is accordingly disposed of. P.K. (K.K. Mandal, J.)