IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21808 of 2010 1. BABAN BIHARI SINGH, son of Late Ram Lochan Singh, resident of Village-Gavandri, P.S. Kundwa Chainpur, District- East Champaran at present resident of Mohalla- Chandmari, Motihari, District-East Champrarn. 2. Ekramul Haque 2 Md. Ekramul Haque, son of Atai Manula, resident of village-Gavandri, P.S. Kundwa Chainpur, District-East Champaran. Versus THE STATE OF BIHAR ----------- 2. 16.07.2010 Heard learned counsel for the petitioners and learned counsel for the State. The allegation against the petitioners is about causing assault misbehaving the complaint and abusing in name of her caste which is doubted on the ground that same was not in public view. Further submission of the learned counsel is that final form exonerating petitioners were filed. No case under SC and ST (Prevention of Atrocities) Act was made out but allegation is there witness is there and cognizance is taken. The defence cannot be taken for maintainability of the anticipatory bail which is barred. Allegation may not be serious but that can be taken into consideration in regular side. Once it is found that allegation encludes the offence of SC & ST (Prevention of Atrocities) Act, anticipatory bail petition is not maintainable. 2 This petition is dismissed as not maintainable. However, petitioners are directed to surrender and pray for regular bail which shall be decided on its merit without being prejudice to this dismissal order on the same day. Anand Kr. ( Mandhata Singh, J.)