IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40443 of 2009 1. CHALITRA SINGH @ RAM CHARITRA SINGH @ RAM CHARITRA KUMAR, son of Ganga Singh 2. SUNIL SINGH, son of Late Ram Balak Singh 3. RAKESH Kumar, son of Nageshwar Singh 4. KAULESH KUMAR, son of Ram Darash Singh 5. PAPPU SINGH, son of Ganga Singh All residents of Village Arai Keshopur, P.S. Atari, Distt.Gaya. ----Petitioners Versus THE STATE OF BIHAR ----------- 2. 18.12.2009 Heard the learned counsel for the petitioners and the State. The offence alleged against the petitioners, who are apprehending their arrest in a police case, is under sections 447, 323, 504, 354, 379 and 427/34 of the Penal Code and section 3(x) and (xi) of the S.C/S.T (Prevention of Atrocities) Act. It is submitted that the present case has been filed for ulterior purpose in retaliation to the earlier case filed by the wife of petitioner no.1 alleging rape against the brother of one Sanatan Kumar, who happens to be a witness in this case. It is further submitted that the present case has been filed at the instance of said Sanatan Kumar to pressurize the wife of petitioner no.1 to settle the matter with respect to the case filed by her. It is further submitted hat there is absolutely no allegation attracting the offences under the S.C./S.T. (Prevention of Atrocities) Act as nothing has come attracting the said offence nor any alleged act has been done to the informant for being a member of the scheduled caste. Learned APP appearing for the State submits that both the sides have filed case against each other. 2 Considering the facts and circumstances of the case, let petitioners no.1 to 5 above named, in the event of their arrest or surrender in connection with G.R. Case No.754 of 2008 arising out of SC/ST P.S. Case No.5 of 2008 within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)