IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30164 of 2011 (1) Bhim Koeri @ Bhim Singh @ Bhim Prasad son of late Mahipat Mahto @ Mahipat Koeri. (2) Santosh Kumar son of Bhim Koeri @ Buim Singh @ Bhim Prasad. (3) Bikram Kumar @ Biran Kumar son of Bhim Koeri @ Bhim Kumar @Bhim Prasad. (4) Rajesh Prasad @ Rajesh Koeri son of Arjun Prasad @ Arjun Koeri. (5) Vikash Kumar son of Arjun Prasad @ Arjun Koeri All resident of village Maricha Rengania, P.S. Amas, District- Gaya Versus The State Of Bihar ---------------------------------- 3 24.10.2011 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners are apprehending their arrest in connection with Amas P.S. Case No. 86 of 2011 for the offence punishable under Sections 447, 341, 323/34 of the Indian Penal Code and Sections 3(X)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as the ‘Act’). The allegation against the petitioners is of assaulting the lady members of the family of the first informant at night. It is further alleged that on the following day when the first informant went to the house of the petitioners to question their misdeeds, the petitioners assaulted them and called them by their caste name and thus causing insult to them punishable under the provisions of the Act. Learned counsel for the petitioners while denying the allegations with reference to the provisions of Section 3(X)(XI) of the Act, submits that the provisions thereunder in no uncertain terms mandates the insult to be made in full public view. It is contended that nodoubt the provisions of Section 438 of the Code of Criminal 2 Procedure is not available to an accused under the Act but it is only in circumstances where the allegations made out in the F.I.R. constitute any offence under the provisions of the Act. He submits that a bare perusal of the allegations as set out in the F.I.R. does not constitute any offence punishable under the Act inasmuch as no details have been given as to the public place or the persons before whom the alleged insult had been made. He thus submits that the allegations of offence punishable under the Act are ornamental in nature and has been incorporated to provide seriousness to the complaint. Considering the circumstances, the allegation as set out in the F.I.R. as also the provisions of the Act, let the petitioners namely, (1) Bhim Koeri @ Bhim Singh @ Bhim Prasad (2) Santosh Kumar (3) Bikram Kumar @ Biran Kumar (4) Rajesh Prasad @ Rajesh Koeri and (5) Vikash Kumar, in the event of their arrest/surrender within four weeks from the date of receipt of a certified copy of this order, be released on bail upon each of them furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati at Gaya in connection with Amas P.S. Case No. 86 of 2011, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. Bibhash (Jyoti Saran, J.)