IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10895 of 2010 DHRUV KUMAR JAISWAL @ DILIP KUMAR JAISWAL,son of Late Janak Prasad Jaiswal,resident of village-Birauli Bazaar,P.S.-Rupauli,District-Purnea. .. .. Petitioner Versus THE STATE OF BIHAR.. Opp.Party ----------- For the Petitioner :Smt.Nutan Mishra,Advocate For the State :Dr.Indiwar Kumari,Addl.P.P. ----------- 02/ 22-04-2010 Heard the parties. Petitioner apprehends his arrest in connection with Rupauli P.S.Case No.116 of 2009 dated 10-11-2009, registered under Sections 341/323/504/506/385/353/34 of the Indian Penal Code as also under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. It is submitted by the learned counsel for the petitioner that except the offence under Section 353 of the Penal Code almost all the offences alleged under the Penal Code are bailable one. According to prosecution case, the petitioner is alleged to have called the informant by her caste name. Therefore, it is submitted that in view of the ratio decidendi as laid down by this Court in an unreported case of Sajjo and others Vs. The State of Bihar passed in Cr.Misc.No.746 of 2010 and its analogous cases, provisions of Section 3(1)(x) of the said Act are inapplicable and, therefore, the petition under Section 438 Cr.P.C. is maintainable. It is further submitted that so far offence under Section 353 of the Penal Code is concerned, that is also not applicable against the petitioner 2 because the petitioner is merely alleged to have threatened but he is not alleged to have obstructed in discharge of the duty by the informant. Learned counsel for the State, though has opposed the prayer for anticipatory bail, but has not disputed the aforesaid factual position. Be that as it may, in the facts and circumstances of the case, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further conditions that : (a) one of the bailors must be a Government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation 3 of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and © the petitioner shall make regular Pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make Pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner. AH/ ( Birendra Prasad Verma, J.)