IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13268 of 2010 RAVI KUMAR . son of nawal Kishore Singh, r/o village Basant Bihar Colony,Dighi Kala, P.S. Hajipur Sadar, Dist. Vaishali ….Petitoner Versus STATE OF BIHAR . O.P. with Cr.Misc. No.13312 of 2010 ASMIT ROY son of prem Kumar Roy r/o village Adalpurl, dighi, P.S. Sadar Hajipur, Dist. Vaiishali…….Petitioner. . Versus STATE OF BIHAR . O.P. ----------- For the petitioner : Mr. Kanhaiya Pd. Singh, Sr. Advocate (in Cr. Misc. No. 13268/10) For the petitioner: Mr. Sunil Kr. Singh, Advocate. (in Cr. Mis. No. 13312/10) For the State : Mr. Binod Kumar. No.3, A.P.P. . ------------ 2 19.5.2010 Heard the parties. In a criminal prosecution instituted for offences under sections 307, 324, 452, 380 and some other allied offences under the Indian penal Code as also under section 3(1) (x) SC & ST (P.O.A.) Act, petitioners in both the cases along with other accused persons are alleged to have entered into the house of the son-in-law of the informant ,where preparation for marriage of his grand daughter was going on. Accused persons are alleged to have assaulted several persons including informant causing injuries on their persons. From plain perusal of the FIR vide Annexure-1, it is apparent that attack upon the informant and other members were made with casteist angle, therefore, in view of ratio laid down by this court in the case of Sajjo and others Vs State of Bihar reported in 2010 (2) BLJ, 181, the offence under the provisions of section 3(1)(x)of SC & ST (P.O.A) Act,is clearly made out against the petitioners and other accused persons. In that view of the matter, - 2 - the present application under section 438 Cr.P.C. is not maintainable. It is accordingly dismissed. The petitioners must surrender in the court below in connection with Hajipur Sadar P.S. Case No. 40 of 2010 within a period of four weeks from today and, if so advised, seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by the present order. ( Birendra Prasad Verma, J. ) M.Rahman