IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21342 of 2009 1. Pandav Yadav 2. Madheshwar Yadav 3. Arjun Yadav all sons of Ramswaroop Yadav 4. Anil Yadav S/o Arjun Yadav 5. Kamlesh Yadav S/o Jagroop Yadav 6. Srikant Yadav S/o Chandeshwar Yadav All resident of village Sonbarsa P.S.Paraiya Dist Gaya Versus Petitioners STATE OF BIHAR Opp.party ----------- 2 30.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. In the case, the informant’s son was dashed. He fell down with bundle of crops which he was carrying and petitioner no.1 was saying that Sala Harijan Pasi was not staying for a moment and thereafter allegation is that all the accused persons came to the informant’s house and assaulted all family members. There is further allegation that the accused persons repeated abuse in the name of Harijan but that is quite vague. Only against petitioner no.1 there is specific allegation. This can be taken for humiliation that is relevant for maintainability of the case. Otherwise, I find no seriousness in the allegation including assault which has not been caused on any vital part of the body. Only allegation which can justify the offence under section 307 IPC is pressing of the neck with causing any such injury. In the circumstances, stated above, prayer for anticipatory bail made on behalf of petitioner no.1 ( Pandav Yadav) is rejected finding the same not maintainable. He is directed to surrender in the court below and prays for regular bail which shall be favorably considered by the court below. - 2 - The prayer for bail of the petitioner nos.2 to 6 is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Paraiya P.S. Case no. 23 of 2009, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya subject to the conditions as laid down under Section 438(2) of Cr. P.C. shahid (Mandhata Singh, J.)