IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34163 of 2008 GAGANDEO PANDEY Versus STATE OF BIHAR ----------- 2 14.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is accused in a case registered for the offence under sections 376,380,323,341, 504/34 of the Indian Penal Code and 3 (X) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities )Act,1989. It is submitted on behalf of the petitioner that allegation of rape is specific against other co-accused person and not against this petitioner. The only allegation against the petitioner is that after alleged rape panchayati was held in which this petitioner imposed a fine of Rs 20,000/- on co-accused Pintu Kumar and the said amount was deposited with the petitioner. Learned counsel further submits that besides the allegation made in the FIR even in the statement under section 164 Cr.P.C specific allegation of rape is against Pintu Kumar and not against this petitioner. Further it has been submitted that the petitioner dispossessed the compliant from his land. This statement has been made after five years of the alleged occurrence. The allegation does not make out any case under the aforesaid offence under SC and ST Act. Learned A.P.P. appearing for the State is not in a position to refuse the submission. Considering the above facts of the case, let the petitioner Gagandeo Pandey, in the event of arrest or surrender within four - 2 - weeks from today, 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 Sub-divisional Judicial Magistrate,(West) Muzaffarpur in Kanti P.S. Case no. 156 of 2003 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Shailesh Kumar Sinha, J)