IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25113 of 2011 Nawal Yadav son of Kashi Yadav, resident of village-Baldiha, P.S.-Jogapatti, (Nawalpur), District-West Champaran. Versus The State Of Bihar ----------- 2. 29.7.2011. Heard learned counsel for the petitioner and learned counsel for the State. Since the case is registered under section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the ingredients of the offence is attracted, in my view, application under section 438 of the Cr.P.C. is not maintainable. Accordingly, this application is dismissed holding the same to be not maintainable. In case the petitioner surrenders and prays for regular bail, the same shall be considered and disposed of on its own merit without being prejudiced by this order in any manner. Let this order be communicated to the court below through fax at the cost of the petitioner. Md.S. ( Ashwani Kumar Singh, J.)