Surendra Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17356 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -SC/ST PS District- BUXAR ======================================================

1. Surendra Sonar Son of Ramjee Sonar Resident of Village- Barka Singhan Pura, P.S.- Simri District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2016 Heard learned counsels for the petitioner, informant and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 379, 34 of the Indian Penal Code and Section 3(1)(X)(XI) of the SC & ST (Prevention of Atrocities) Act.

The prosecution case is that the informant purchased six decimals of land from one Kedar Pathak and on part of the land the house was constructed. On 09.02.2016 the accused persons came and asked the informant to vacate the portion of land, made assault and abused by calling caste name.

It is submitted by learned counsel for the petitioner that informant sold the land in question to Kamal Yadav and Mangal Yadav and thereafter the purchasers sold

Patna High Court Cr.Misc. No.17356 of 2016 (3) dt.19-05-2016 2/2 the said land to this petitioner. The petitioner is a bona fide purchaser of the disputed property and in the background of the above mentioned dispute the accusation has been levelled. It is submitted by learned counsel for the informant that petitioner and others abused the informant by calling caste name. The property travelled to the petitioner through registered sale deed which has been brought on record as Annexure-2.

Considering the nature of accusation in the background of land dispute, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar SC/ST P.S. Case No. 03 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T