IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.44355 OF 2010 SUBODH RAI, SON OF RAM CHANDRA RAI, RESIDENT OF VILLAGE NAGDAH, POLICE STATION MUFASSIL, DISTRICT BEGUSARAI VERSUS THE STATE OF BIHAR ******** 2 26/03/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is apprehending his arrest in a case under Sections 341, 323, 504, 506, 448/34 of the Indian Penal Code and Section 3 (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act. The allegation in the First Information Report is that the petitioner is said to have abused the informant by her caste name and also told her not to give shelter to his sister-in-law and the mother. It is further alleged that he even come up in the verandah of the informant and abused her by her caste name. Counsel for the petitioner refers to the affidavit filed in the Court of the Additional District Judge wherein the sister-in-law and the mother have both stated that no such occurrence has taken place and they have no connection with the said informant. Apart from which, they have stated that this lady has been set up by one Rajendra Roy with whom the petitioner is fighting a suit with respect to plot nos. 889 and 890. The submission is that the entire allegations are unbelievable and that the 2 motive for lodging of the First Information Report fails in view of the statements given by the sister-in-law and the mother of the informant. It is further submitted that the occurrence took place in the verandah of the informant and there was no occasion for any third party to be present at the place of occurrence when the petitioner abused her by taking her caste name. As such, the provisions of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act are not prima facie attracted in this case. Be that as it may, the above named petitioner is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below within a period of six weeks from today in Begusarai S.C./S.T. Police Station Case No. 223 of 2010 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai. Anand ( Sheema Ali Khan, J. )