IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8783 of 2008 RAMESHWAR MEHTA & ANR Versus STATE OF BIHAR ----------- 2. 13.5.2008 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek anticipatory bail in a case under Sections 341,323,384, 504, 354/34 of the Indian Penal Code and Section 3(1)(xi) & (xiv) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioners submits that a totally false case has been lodged by the informant on account of a pre- existing dispute with respect to the Rasta in question and for which Section 107 Cr.P.C. proceedings are also pending between the parties. It is further submitted by learned counsel that the only allegation with respect to SC/ST Act is that the informant and her husband were referred to by their caste name. It is submitted that the same by itself cannot attract the provisions of the SC/ST Act and thus the bar regarding grant of anticipatory bail is not applicable in this matter. It has been held by this Court in the case of Mahesh Prasad Singh & anr. Vs. The State of Bihar & anr. : 2005(3) PLJR 744 that mere use of the caste name does not by itself attract the provisions of the SC/ST Act unless the Court is per se satisfied that the prima facie allegations against the petitioner have been made out from the facts of the case. The allegations of calling by caste name have been 2 considered by the Court as more cosmetic in nature. On a consideration of the facts and circumstances of the case, it is directed that the petitioners (1) Rameshwar Mehta and (2) Sarun Mehta @ Sarun Kr. Mehta, in the event of their arrest/surrender in the Court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in K.Nagar P.S. Case No. 222/2007 to the satisfaction of the Chief Judicial Magistrate, Purnea, subject to the conditions laid down under Section 438(2) Cr.P.C. S.Pandey. (Ramesh Kumar Datta, J.)