IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27113 of 2011 Md. Amir Hussain son of Abdul Khalique, resident of village- Dhumgrah Bishanpur, P.S.-Korha, Dist.-Katihar Versus The State Of Bihar ----------- 2. 12.8.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case in which cognizance for offence under sections 3(x)(ii)(xiv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1982 (hereinafter to be referred to as SC & ST (POA) Act) and section 323 of the Indian Penal Code has been taken. It is submitted on behalf of the petitioner that only non- bailable offence is under SC & ST (POA) Act. The case arises out of a complaint. From the allegation made in the complaint as also from the statement of the complainant on solemn affirmation, none of the ingredients of the offence under SC & ST (POA) Act would be attracted against the petitioner as the only allegation which is made against him is that he participated in “Panchayti” and passed a comment inconvenient to the complainant. The second part of the allegation as against him is that he together with others assaulted the complainant for which cognizance has been taken under section 323 of the Indian Penal Code. The specific allegation of abusing the complainant by taking his caste name is against co-accused Rafique Alam and Mushtaque Alam. Taking into consideration the aforesaid submissions, let 2 the petitioner, namely, Md. Amir Hussain, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Complaint Case No.3427 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)