Sri Bhagwan Sonar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17524 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -SC/ST PS District- BUXAR ======================================================

1. Sri Bhagwan Sonar

2. Satendra Sonar @ Satyendra Sonar Both 1 and 2 sons of Ramjee Sonar

3. Bablu @ Bablu Sonar @ Binod Sonar S/o Surendra Sonar, All R/o Village- Barka Singhan Pura, P.S.- Simri, District- Buxar .... .... Petitioner/s

Versus

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(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-04-2016 Heard learned counsels for the petitioners, State and the informant.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 379/34 of the Indian Penal Code and 3(1)(x)(xi) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the informant had purchased six decimals of land from one Kedar Pathak and on part of the land the house was constructed. On 09.02.2016 the

Patna High Court Cr.Misc. No.17524 of 2016 (2) dt.26-04-2016 2/3 accused persons came and asked the informant to vacate the portion of the land, made assault and abused by calling caste name.

It is submitted by learned counsel for the petitioners that the informant sold the land in question to Kamal Yadav and Mangal Yadav and thereafter, Kamla Yadav and Mangal Yadav sold the said land to Surendra Sonar. The petitioner nos. 1 and 2 are brothers of Surendra Sonar whereas petitioner no. 3 is the son of Surendra Sonar, hence, in the background of bonafide land dispute the accusation has been levelled.

It is submitted by learned counsel for the informant that the petitioners have abused the informant by calling caste but has not disputed the sale deeds brought on record as contained in Annexure-2 and 3 whereby the property travelled to the petitioners.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.17524 of 2016 (2) dt.26-04-2016 3/3 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) DKS/- U T