IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17434 of 2010 RAKESH KUMAR YADAV @ RAKESH YADAV S/OShri Ram Nihora Yadav, resident of Village- Bargachia, P.S. Uchkagaon, District- Gopalganj ---------------- Petitioner Versus STATE OF BIHAR ----------- 02 26-05-2010 Heard Dr.Nagendra Kumar, learned counsel appearing on behalf of the petitioner and learned Addl. Public Prosecutor appearing on behalf of the State. The sole petitioner, apprehending his arrest in connection with Hajipur P.S. Case No.379 of 2009 registered under Sections 341,323,504,506,354 of the Indian Penal Code and 3(i)(x)(iii) (ii) of SC/ST ( Prevention of Atrocities) Act, has prayed for grant of anticipatory bail. Short fact of the case is that the aforesaid F.I.R. was lodged on the basis of a written report submitted by the informant Subash Dom. It was alleged in the written report that on trivial matter, accused persons assaulted the informant and his wife and they also abused the informant and his wife by his caste name. Dr. Nagendra Kumar, learned counsel appearing on behalf of the petitioner submits that the present F.I.R. was lodged by the informant maliciously. He further submits that the dispute in between the family of the informant and this petitioner was going on since long. Earlier, a proceeding was initiated under Section 107 Cr.P.C. on the basis of petition filed by the informant against the family members of this petitioner on 4.3.2008. 2 However, the same proceeding was dropped on 26.3.2009. Learned counsel for the petitioner has referred to Annexure 2 to the present petition , which is ordersheet of dropping the proceeding as well as the report of Sub-Inspector of Police, Uchkagaon , wherein the informant was the first party for initiating proceeding under Section 107 Cr.P.C. Learned counsel for the petitioner further submits that falsity of the case is evident from the fact that on the date of occurrence, he was attending his college , which is 15 Kilometer away from the place of occurrence. In the F.I.R., the time of occurrence was mentioned as 12.00 noon. However, on that date, he was attending his college. Learned counsel for the petitioner has shown a certificate granted by the Principal of Shri Mahendra Das Inter College, Mathia , Jalalpur, Gopalganj . Learned counsel for the petitioner further submits that on similar allegation accused persons, particularly father and brother of the petitioner, have already been granted regular bail. Of course, the Court is inclined to extend the privilege of anticipatory bail but in view of the provisions contained in SC/ST Act, it is desirable to direct the petitioner to surrender before the court below and file a petition for regular bail. If the petitioner surrenders and files a petition for grant of regular bail before the court below, learned court below will examine the bail petition and dispose of the same on the same day keeping it in mind that prior to filing of the present petition earlier also the informant had taken steps to initiate a proceeding under 3 Section 107 Cr.P.C. against the petitioner . The learned court below will also consider that other similarly situated co-accused persons have been granted regular bail. While hearing the bail petition, the court will also keep it in mind that the petitioner is a student. With the above observation and direction, the petition stands disposed of. This order may be communicated through Fax at the cost being deposited by the petitioner. NKS/- ( Rakesh Kumar, J )