IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27470 of 2011 1.Jitendra Singh 2.Dipendra Singh @ Ghugul Singh Both sons of Sri Rajendra Singh, resident of village and P.O.-Dhatiwana, P.S.-Thave, District-Gopalganj. Versus The State of Bihar ----------- 2. 17.8.2011. Heard learned counsel for petitioners and learned counsel for the State. Petitioners apprehend their arrest in connection with a case registered for the offence under sections 323, 341 and 504/34 of the Indian Penal Code and section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1982. It is submitted on behalf of the petitioners that save and except the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1982, other offences are bailable in nature. He further submits that, as a matter of fact, the informant has been set up by one Lalit Narayan Rai against whom petitioner no.2 had instituted a case under sections 323, 341, 379 and 504/34 of the Indian Penal Code on 3.4.2011 itself which was numbered as Tahave P.S. Case No.25 of 2011. Learned counsel for the petitioners also submits that both the petitioners have no criminal antecedent. I find force in the submissions made on behalf of the petitioners. However, considering the statutory bar of section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1982, I find the present case under section 438 of the Code of Criminal Procedure to be not maintainable and, thus, the 2 same is dismissed. However, if the petitioners surrender before the court below and seek regular bail within a period of four weeks from the date of receipt/production of a copy of this order, the court below shall be obliged to take into consideration the aforesaid submissions made on behalf of the petitioners and release the petitioners on bail after taking sureties to its own satisfaction. Md.S. ( Ashwani Kumar Singh, J.)