IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30152 of 2011 1. Tarkeshwar Singh, Son of Late Dau Singh. 2. Mani Singh, Son of Tarkeshwar Singh. 3. Bhola Singh, Son of Tarkeshwar Singh. All resident of village-Mohania, Ward No. 4, P.S.-Mohania, District-Kaimur at Bhabhua. Versus The State of Bihar ----------- 2. 09.09.2011 Heard learned counsel for petitioners and learned counsel appearing for the State. The petitioners apprehend their arrest in connection with a case registered for the offence under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3 (i) (x) of the S.C. & S.T. (Prevention of Atrocities) Act, pending in the court of learned C.J.M., Kaimur at Bhabhua. It is stated on behalf of the petitioners that petitioner nos. 2 & 3 happens to be son of petitioner no. 1. The case was initially registered as a complaint and was referred to police in exercise of powers under Section 156(3) Cr. P.C. The date of occurrence, according to the complainant/informant is 4.9.2007 and the complaint was instituted on 24.9.2007. No reason has been assigned for inordinate delay in institution of the F.I.R. The contention of the petitioner is that no occurrence as alleged had ever taken place and the complaint was filed with oblique motive making baseless allegation. It is also submitted that the offence alleged under IPC are all bailable in nature. The parties are well-known to each 2 other. They have resolved the dispute outside the court and a compromise petition has also been filed in the court below. In view of the statutory bar under Section 18 of the Act, the application for anticipatory bail is not maintainable. Hence the application is disposed of holding the same to be not maintainable. However taking into consideration the facts of the case as discussed above, if the petitioners surrender and seek regular bail within a period of four weeks from the date of receipt/communication of this order, the court below would take into consideration the aforesaid facts and release them on bail on furnishing sureties to it’s own satisfaction. Let this order be communicated though Fax to the court concerned at the cost of the petitioner. Sanjeet (Ashwani Kumar Singh, J.)