IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 29343 of 2009 1 Kunti Devi, wife of Prakash Yadav 2 Nanki Kumari, daughter of Prakash Yadav 3 Guriya Kumari, daughter of Prakash Yadav, residents of Quarters No 200H, JNI Road, Baddipara, P S – East Colony, District – Munger -Petitioners Versus The State of Bihar -Opposite Party ----------- 2 17.09.2009 Petitioners, who are ladies, apprehend arrest in SC & ST (Munger) Police Station Case No 38 of 2009 instituted under Sections 447, 341, 323, 504/34 of Indian Penal Code and various sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The learned Sessions Judge has refused to consider the application for anticipatory bail solely on the ground that the first information report makes mention of offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act wherein by virtue of Section 18, anticipatory bail is not available. I regret that this is not the correct view. Merely levelling a section is of no consequence. What is to be seen is what the true effect of the allegation as made is. A perusal of the first information report itself shows that petitioners and the informant are neighbours. For quite sometime, there has been a quarrel between the two of them in regard to a cow shed which petitioners have allegedly made in front of the house of the informant. Informant tried various ways of getting the cow shed removed but failed. It is because of that such a case has now been lodged. Prima facie, the dispute does not relate to 2 the section, as aforesaid. Be that as it may, if the petitioners abovenamed surrender before the Court below within 6 weeks from today, they shall be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in SC & ST (Munger) Police Station Case No 38 of 2009 dated 13.05.2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)