Narayan Suwarnkar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9473 of 2015 Arising Out of PS.Case No. -797 Year- 2012 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Narayan Suwarnkar Son of Late Ramadhin Sah

2. Rajesh Suwarnkar Son of Narayan Suwarnkar

3. Rana Suwarnkar Son of Narayan Suwarnkar All residents of village - Sonbarsa Raj, Police Station - Sonbarsa Raj, District - Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bechan Suwarnkar son of Late Bhola Suwarnkar Resident of village - Babhani, Police Station - Gamhariya, District - Madhepura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh, Advocate For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-04-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 392, 504/34 of the Indian Penal Code.

It is alleged that the accused persons assaulted the complainant, Rana Suwarnkar, petitioner no. 3 snatched the bag containing jewellary and cash of Rs.5,000/-. He also took away Rs. 750 and bicycle. It is further alleged that petitioner no. 1 Narayan Suwarnkar

Patna High Court Cr.Misc. No.9473 of 2015 (2) dt.20-04-2015 by putting the complainant under fear of life threatening got his signature on the stamp paper.

It is submitted by learned Advocate for the petitioners that accusation has been levelled in the background of serious land dispute. Petitioners have filed Complaint Case No. 992 of 2011 at earlier point of time with accusation under Sections 323, 392, 504/34 against the complainant side. There was also litigation between parties with regard to issue of mutation. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the accusation has been levelled in the background of serious land dispute, let the above named petitioners be released on bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhepura in connection with Complaint Case No. 797 of 2012, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T