IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47067 of 2008 1. MURARI SINGH 2. HEERA SINGH 3. DEVENDRA SINGH 4. PINTU SINGH 5. GHANTU SINGH 6. SATYENDRA SINGH Versus STATE OF BIHAR ----------- 3 10.04.2009 Heard counsel for the petitioners. The petitioners have approached this Court for grant of anticipatory bail under diverse sections of Indian Penal Code as also under section 3(x) of SC & ST Act. As per the allegation in the F.I.R., petitioners in the open field near Dihbar assaulted the informant and her gotni as they were sitting near the Dihbar. The further allegation is that they were abused in the name of their caste. The learned Court below rejected the prayer for anticipatory bail after noticing the submission advanced on behalf of the Public Prosecutor which runs thus: “The learned P.P. opposed the prayer for anticipatory bail and argued that all the accused petitioners were F.I.R. named accused in the present case which had been registered for the offence under sections 341, 323, 354, 427, 504/34 Indian Penal Code and section 3(1)(x) of SC/St P.O. Act and there was specific allegation against the petitioners that they abused Urdasiya Devi w/o- Balwshwar Paswan, a member of Scheduled caste by naming her caste ”DUSADH” and thereafter, assaulted her brutally as she had dare to sit on the ancestral dih of the accused petitioners belonging to upper caste. The learned P.P. referred paras 1, 3, 6 to 13 of the case diary in support of his above contention and argued that in view of ithe offence appearing against the petitioners under section 3(1)(x) of SC/St Act against the petitioners the anticipatory bail preferred on behalf of the petitioners 2 was not maintainable u/s 18 of the SC/ST Act and therefore, their prayer for anticipatory bail was fit to be rejected.” Counsel for the petitioners submits that in view of the nature of allegation incorporated in the F.I.R, no case under section 3(x) of the SC/ST is made out. Be that as it may, this Court having regard to the facts appearing from the record, is not persuaded that a case for anticipatory bail is made out. The application is rejected. pkj ( Kishore K. Mandal, J. )