IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.26802 OF 2009 1. SANTOSH KUMAR, SON OF MANIKANT RAI 2. MANI RAI @ MANIKANT RAI, SON OF LATE LAL MOHAN RAI 3. PAPPU RAI, SON OF MANIKANT RAI 4. LALLU RAI, SON OF MANIKANT RAI ALL RESIDENT OF VILLAGE CHKNI, POLICE STATION BARHAARA, DISTRICT PATNA ……………………………………………………………………………PETITIONERS VERSUS THE STATE OF BIHAR ********* 2 16/10/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioners are accused in a case under Sections 376 and 511 of the Indian Penal Code and Sections 3(X) (XI) of the SC & ST (Prevention of Atrocities) Act. Learned Counsel for the petitioners submits that the alleged occurrence took place on 23.04.2005 whereas the complaint has been filed on 26.04.2005. Cognizance under Section 354 of the Indian Penal Code has been taken in this case. Learned Counsel for the petitioners submits that the petitioners would not be subjected to Section 3(X) (XI) of the SC & ST (Prevention of Atrocities) Act because the petitioners are also the members of the schedule castes as per the notification of the State Government contained in Annexure-3. The certificate 2 that the petitioners belong to the schedule caste has been issued by Annexure 2 series. Learned Counsel for the petitioners submits that the petitioner no. 2 was Dafadar and the complainant has admitted that there was previous enmity between the petitioner no. 2 and her family members in the S.A. which was taken on 01.08.2005. Be that as it may, the above named petitioners are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of four weeks from today in Complaint Case No. 662 of 2005 on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)