IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44614 of 2009 NIRMALA KUMARI, WIFE OF NARENDRA JHA, RESIDENT OF VILLAGE HARI, P.S. SURSAND, DISTRICT BEGUSARAI. Versus STATE OF BIHAR ----------- 2. 19.2.2010. Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and learned counsel for the State. The petitioner, who has been made accused in Sursand P.S. Case No.113 of 2009 for the offences under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(1)(X) of S.C./S.T. (Prevention of Atrocities) Act, has prayed for grant of anticipatory bail. As per F.I.R., the informant has stated that while he was in office as Clerk in hospital office, the petitioner, who is posted as a Nurse, came along with her son. The son was carrying a bamboo stick in his hand and thereafter this petitioner ordered her son that since informant had commented in the office premises so he may be assaulted and thereafter the informant was assaulted by the bamboo stick. In the F.I.R. with a view to make the offence serious the petitioner - 2 - being a member of Schedule Tribe has alleged that the accused persons said that since he is Dhobi by caste, so he may be assaulted. I have perused the F.I.R. There is no specific averment in the F.I.R. that it was the petitioner herself who made such utterance during the occurrence and as such I do not think that in the present case for the purpose of hearing the present anticipatory bail petition such provision of the S.C./S.T. (Prevention of Atrocities)Act applies. In view of the fact that informant himself has disclosed in the F.I.R. that the reason for occurrence was comment given by him to the petitioner in the office premises and as such occurrence had taken place. The petitioner is a public servant being nurse in the hospital and as such on perusal of the record, I am of the view that the privilege of grant of anticipatory bail can be extended to this petitioner. Accordingly, this petition is allowed. In the event of arrest or surrender, the petitioner above named shall be released on bail on her furnishing bond of Rs.10,000/- - 3 - N.H./ (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sitamarhi in Sursand P.S. Case No.113 of 2009, subject to the condition as laid down under section 438(2) Cr.P.C. The petitioner is directed to appear before the court below within a period of four weeks from today. ( Rakesh Kumar,J.)