IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3180 of 2009 1. MAHENDRA MAHTO 2. Dinkar Mahto @ Dinkar Kumar Mahto, both sons of Late Ramashis Mahto 3. Ramanand Mahto, son of Late Jamun Mahto 4. Mina Mahto 5. Dipu Mahto @ Depu Mehto, both sons of Late Ramashish Mahto All residents of village Bulakipur, P.S. Dalsingsarai, District Samastipur Versus STATE OF BIHAR ----------- 02/ 03.07.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 147, 323, 341 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act). It is submitted on behalf of the petitioners that the offences alleged under different Sections of the Indian Penal Code are bailable, but the offence alleged under Section 3(1)(x) of the Act, is not made out against them as no overt act under Section 3(1)(x) of the Act has been alleged against them in the statement on Solemn affirmation by the complainant and in support of such fact, reliance is placed on the statement on solemn affirmation, as contained in Annexure-2 to this application. Let the petitioners above named surrender in the court below within four weeks from today and if from perusal of 2 Annexure-2, it does not appear that any overt act under Section 3(1(x) of the Act is alleged against them, then they be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Rs. Five thousand only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Dalsingsarai, Samastipur in connection with Complaint Case No. 440 of 2008/ T.R. No. 2022 of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Until such verification, no coercive steps be taken against them. Arjun/ ( V.N. Sinha, J.)