IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28291 of 2009 1. Birma Devi wife of Bisheshwar Mahton 2. Sakwa Devi wife of Boudhi Mahton, both residents of village Borhaniya, P.S. Jasidih, District Deoghar. Versus STATE OF BIHAR ----------- 2/ 29-10-2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners apprehend their arrest in a case u/s 147, 148, 323, 341, 307 of the Indian Penal Code and sections 3(iii) (i) (x) of the SC/ST Act. It is submitted that petitioner No.2’s husband was killed by the brother-in-law of petitioner no.2. It is alleged that he was assaulted by the accused persons of the present case. It is submitted that the petitioners are lady and there are no specific allegations against them. The court below found that the provisions of sections 3(i) (v) and (x) of the SC & ST ( Prevention of Atrocities ) Act are attracted because it is said that the petitioners have occupied the land belonging to the informant and tried to take possession of their land which allegedly belonged to the weaker section. It is submitted that it cannot be said that the petitioners being ladies were involved in the said occurrence. Be that as it may, the petitioners, above named, are directed to be released on anticipatory bail, in the event of his arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Chandramandih P.S. - 2 - Case No. 62 of 2008, subject to conditions as laid down under section 438(2) of the Cr.P.C. ( Sheema Ali Khan, J ) BTiwary/