IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46117 of 2009 PRAVEEN KUMAR @ RAKESH RANJAN @ PRADEEP KUMAR SINGH, Son of Late Raghav Singh, Residing at Vill- Tarawa, P.S.- Sahebganj, District- Muzaffarpur Versus STATE OF BIHAR . ----------- 2. 26.02.2010. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 307 and other allied Sections of the Penal Code and Section 3(1) (X) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act which was initially registered as a complaint on 15.3.2005 and then referred to the Police for registration as First Information Report and investigation. It is submitted on behalf of the petitioner that during investigation the Superintendent of Police had initially stayed the arrest of the petitioner but now the stay has been vacated and petitioner is apprehending his arrest although there is no specific overt act alleged against him that he abused the complainant/informant and his family members in the name of his cast. He is only alleged to have assaulted the informant along with other accused persons with fist and slaps and thereby according to the counsel for the petitioner the offence alleged against the petitioner is made out only under Section 323 of the Penal Code. Let the petitioner, namely, Praveen Kumar @ Rakesh Ranjan @ Pradeep Kumar Singh surrender in the court below within a period of four weeks from the date of receipt of a copy of this order in the court below and if it is true that no charge-sheet has been submitted against the petitioner, he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, - 2 - Muzaffarpur in connection with Sahebganj P.S.Case No. 110/05 arising out of Complaint Case No. 284/05, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. but in case charge-sheet is already submitted then his case be considered in the light of the allegations set out against him which according to the petitioner does not make out a case under Section 307 and Section 3 (1) (X) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. P.K.P. (V.N.Sinha,J.)