IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2537 of 2010 1. RANI DEVI,wife of Bhopat Singh @ Upendra Singh 2. Bablu Kumar @ Bablu Singh, son of Bhopat Singh @ Upendra Singh Both resident of Mohalla-Mirzapur, P.S.-Nawada Town, District-Nawada. Versus THE STATE OF BIHAR ----------- 03/ 26-03-2010 Heard Mr. Deepak Kumar, learned counsel appearing for the petitioners and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Nawada Town P.S.Case No.395 of 2009 dated 09-09-2009 registered under Sections 448/341/323/ 307/379/34 of the Indian Penal Code and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. At the out set learned counsel for the petitioners submits that in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases offence under Section 3 of the said Act is inapplicable and, therefore, bar under Section 18 of the said Act will not be application in the present case. He further submits that according to the prosecution case allegation of assault by an iron rod is specifically against co-accused Bhopat Singh. Petitioners are alleged to have assaulted by fist and slaps. By referring to Annexure-2 he submits that the injury on the person of Urmila Devi has been opined to be simple in nature. Learned counsel for the State 2 has also not controverted the same. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Nawada Town P.S.Case No.395/2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)