IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14377 of 2009 ALI IMAM KHAN Versus THE STATE OF BIHAR ----------- 2 1.5.2009 Heard learned counsel for the petitioner and the State. In the whole F.I.R. the incident abusing in the name of caste of the informant to humiliate him is non-bailable but as suggested I find different areas of contradiction. Dues were of the year 1987 which was demanded but refused. If there was no pressure then there could be no reaction. Next it was appearing that groups were active in the village (panchayat). Petitioner’s caste was siding his elder brother who also belongs to scheduled caste and in that context if something happened and allegation is leveled for abuse in name of caste, I find no humiliation as both groups were the members of scheduled caste accompanied by others also. Next allegation is that not allowing road for harijans while informant’s elder brother was of accused persons’ favourite. Admittedly informant was a retired D.S.P. having superiority over his elder brother and to damage him, informant - 2 - wants to close all the ways from where helping hands may come. Thus in my view also it is not a case where an offence under section 3(i)(x) of S.C./S.T. (Prevention of Atrocities) Act is found constituting and arrest of the accused can be justified. In the discussed suggested facts and circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender within one month from today in Siwan Muffasil P.S.Case No.10 of 2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI