IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25319 of 2011 Gajendra Rai & Ors. Versus The State Of Bihar With Cr. Misc. No. 33049 of 2008 Gajendra Rai & Ors. Versus The State Of Bihar & Anr. ----------- 3 17.8.2011 This restoration application is allowed for the reasons mentioned therein and Cr. Misc. No. 33049 of 2008 is restored to its original file. Now the matter is being heard on merit. Counsel for the petitioners is permitted to add the complainant as opposite party no. 2. The petitioners are aggrieved by the order dated 31.5.2006, passed in C.R. No. 143 of 2006 corresponding to T.R. No. 1532 of 2006 by the Sub-divisional Judicial Magistrate, Biraul at Benipur, Darbhanga, taking cognizance under Sections 342, 379, 500, 504, 427, 323/34 of the Indian Penal Code and Section 3 of the Prevention of Attrocities on S.C. & S.T. Act. Learned counsel for the petitioners submits that the occurrence took place within the confinement of the house of the complainant, and as such, using the caste name of the victim does not come within the purview of S.C./S.T. Act. Issue notice to opposite party no. 2 by ordinary process and registered cover with A/D, requisites etc. for which under both processes must be filed within a period of ten days failing which this application shall stand dismissed without further reference to a Bench. 2 List Cr. Misc. No. 33049 of 2008 on service of notice. In the mean time, further proceedings in C.R. No. 143 of 2006 corresponding to T.R. No. 1532 of 2006 pending before the Sub- divisional Judicial Magistrate, Biraul at Benipur, Darbhanga shall remain stayed. Sanjay (Sheema Ali Khan, J.)