IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8219 of 2010 1.AWADHESH SINGH @ AWADHESH RAI 2.Ravi Singh alias Ravi Shanker Singh 3.Chhotan Singh , all are resiodent of village Karkatpur, P.S. Akorhigola, Dist. Rohtas at Sasaram…….Petitioners. Versus STATE OF BIHAR ----------- 2 19.4.2010 Heard the parties. Petitioners apprehends their arrest in connection With SC ST P.S. Case No. 61 of 2009 dated 18.8.2009 registered under sections 143, 447, 452, 323, 504 of the Indian Penal Code as also under section 3(i)((v)(x) of the ST & ST (POA) Act. According to the prosecution case complainant was allotted lands of Plot No. 49, Khata No. 197, area 4 decimals by the competent authority of State Government and petitioners are alleged to have interfered with the enjoyment of her right over the said land. Apart from that they are also alleged to have abused the complainant and her family members by using their caste name besides assaulting them. In view of the ration decidendi laid down by this Court in an unreported case of Sajjo and others Vs State of Bihar passed in Cr. Misc. No. 746 of 2010 and its analogous cases the offence under section 3(i)(v)(x) SC & ST (POA) Act is clearly made out against the petitioners. In that view of the matter, this petition under section - 2 - 438 Cr.P.C. is not maintainable and it is accordingly dismissed. The petitioners must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed in the court below, then the same may be disposed of on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) M.Rahman