IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11974 of 2010 1. Surendra Kumar, S/o Sri Sahdeo Patel, resident of Village- Vishnupur Saraiya P.S. Deoria, District-Muzaffarpur. 2. Dayanand Jha, S/o Yogendra Jha, resident of Village-Sonepur. P.S. Katra, District- Muzaffarpur………………Petitioners. Versus The State of Bihar …………………………….Opposite Party. For the petitioners :- Mr. Shailendra Kumar Singh,Advocate. For the State :- Ms. Anuradha Kumari, A.P.P. ----------- 2. 30. 04. 2010. Heard the parties. In a criminal prosecution for offence under Sections 341 and 323 of the Indian Penal Code as also under Section 3(1) (x) of S.C. and S.T. (Prevention of Atrocities) Act, there appears to have taken place some altercation between the informant at one side and the petitioners at the other side on the question of payment of honorarium to the informant, who is elected Ward member. It is submitted that both offences of Penal Code are bailable and petitioners are alleged to have called the informant by her caste name and therefore, in view of ratio decidendi laid down by this Court in an unreported case of Sajjo & others Vrs. State of Bihar passed in Cr. Misc. No. 746/2010 and its analogous cases, the provisions of said Act are inapplicable and therefore, petition under Section 438 Cr.P.C. is maintainable. Taking into consideration of the facts and circumstances of the case, in the event of their arrest/surrender in connection with Hajipur S.C./S.T. P.S. Case No. 642/09 within a period of four weeks from today, the petitioners, namely, Surendra Kumar and 2 Dayanand Jha, shall be enlarged 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 the S.D.J.M., West Muzaffarpur, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)