IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31654 of 2010 1. HAR GOURI SINGH, SON OF LATE MUKTI SINGH 2. BABITA SINGH, WIFE OF SANJAY KUMAR SINGH 3. SRISTI KUMARI, DAUGHTER OF SANJAY KUMAR SINGH 4. AKRITI KUMARI, DAUGHTER OF SANJAY KUMAR SINGH 5. SANJAY SINGH, SON OF HAR GOURI SINGH ALL RESIDENT OF VILLAGE SIPAHITOLA, BAKSA GHAT ROAD, P.S. K. HAT (MADHUBANI), DISTRICT PURNEA. ------ PETITIONERS Versus THE STATE OF BIHAR ------ OPPOSITE PARTY ----------- 2 6.10.2010 The informant is the servant of full brother of petitioner no. 1. There was a partition between the family and the occurrence is said to have taken place in the area in which the informant lives. The allegation against petitioner no. 1 is that he is said to have removed the hut which allegedly belonged to the informant and called her an ‘Adivasi’. It is submitted that merely addressing a person as an ‘Adivasi’ does not bring the petitioners within the purview of the S.C./S.T. Act. It is further submitted that there is no specific allegation under the S.C./S.T. Act with respect to petitioner nos. 2 to 5. The informant himself admits that there is a dispute between him and the petitioners. Counsel for the petitioners also refers to cases he has filed against 2 his full brother who is responsible for inducing the informant to lodge criminal cases against the petitioners. It is submitted on behalf of petitioners that the so called allegations do not constitute offences under Sections 452, 341, 323 and 504/34 of the Indian Penal Code. Considering the aforesaid submissions, the above named petitioners are directed to be released on anticipatory bail in the event of their arrest or surrender within a period of six weeks in connection with K. Hat (Madhubani) P.S. Case No. 138 of 2010 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay ( Sheema Ali Khan, J.)