IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17933 of 2009 KASHI NATH YADAV Versus STATE OF BIHAR ----------- 2. 17.6.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 341, 323, 427/34 of the Indian Penal Code as well as Section 3(i)(x)(xi) and 3(2)(iii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that the place of occurrence is the house and hence the provision of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is not applicable. Learned counsel for the petitioner further states that the entire allegation is absolutely false and frivolous as the petitioner has been implicated due to previous enmity. Learned counsel for the petitioner also avers that the allegation is only of an attempt to assault. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely, Kashi Nath Yadav shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, 2 Bhojpur at Ara in connection Ara Muffasil P.S.case No.7 of 2009 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/ ( S. N. Hussain, J. )