IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21663 of 2009 1. Shiv Kala Devi, Wife of Suraj Paswan. 2. Suray Narayan Paswan, Son of Hitai Paswan. 3. Shiv Shankar Thakur, Son of Late Laxmi Thakur. All are residents of Village-Maheshpur, P.S.-Jhanjharpur, Distirct- Madhubani. 4. Uchit Mandal, Son of Dorik Mandal, resident of Village-Simar, P.S.-Jhanjharpur, District-Madhubani. ………….Petitioners. Versus THE STATE OF BIHAR. ………….Opp. Party. ----------- 2/ 07.08.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with Jhanjharpur P.S. Case No. 50 of 2008 registered for offence under Section 307, 379 and other sections of the IPC and 3(x) of the S.C. & S.T. Act. Counsel for the petitioners submits that several persons were protesting against the illegal investigation being done by the police in a criminal case on the direction of the higher police officer, lathi was charged and in retaliation the protestors pelted stones and bricks batted on the police force. 49 persons had assembled there. Name of petitioners were falsely given by the informant a police personnel. Learned counsel for the petitioners has further submitted that offence under Section 3(x) of the S.C. & S.T. Act is not applicable as petitioners also belong to scheduled caste and scheduled tribe. It has also been submitted that similarly situated co-accused Lal Jha has been granted anticipatory bail vide Cr. Misc. No. 30452 of 2008 dated 27.8.2008, by this Court. - 2 - Considering the aforesaid facts, prayer for anticipatory bail on behalf of the petitioners namely Shiv Kala Devi, Suray Narayan Paswan, Shiv Shankar Thakur and Uchit Mandal is allowed and in the event of their arrest or surrender before the court below within a period of four weeks from today and on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Jhanjharpur P.S. Case No. 50 of 2008 subject to the conditions as laid down under section 438 (2) Cr.P.C. Sanjeet/ (Mridula Mishra, J.)