Patna High Court Cr.Misc. No.31865 of 2011 (2) dt.19-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31865 of 2011 ====================================================== Rabindra Rai, S/O Sri Basudeo Rai, R/O Village- Simri (Dudhij Patti), P.s.- Simri, Distt.- Buxar. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== 2 19-09-2011 Heard learned counsel for petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 341, 323, 504 and 353 of the Indian Penal Code and 3(I)(X) Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act. It is submitted on behalf of the petitioner that from the perusal of F.I.R. itself, it would transpire that there is no allegation that the petitioner intentionally insulted or intimidated the informant with intent to humiliate him as he was a member belonging to Scheduled Caste. Thus, it is submitted that the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would not be attracted in this case. It is also submitted that the entire allegation is false and frivolous and the case was instituted at the behest of his agnates with whom admittedly dispute Patna High Court Cr.Misc. No.31865 of 2011 (2) dt.19-09-2011 regarding land is going on. Taking into consideration the aforesaid submissions, let the petitioner, namely, Rabindra Rai 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 the learned Chief Judicial Magistrate, Buxar, in connection with Simri P.S. Case No. 103 of 2011, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Bhardwaj/- (Ashwani Kumar Singh, J)