IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52084 of 2008 ANIL KUMAR, S/O UMESH BHAGAR, RESIDENT OF VILLAGE- HARPUR, P.S. SARAIYA, DISTRICT-MUZAFFARPUR …………… PETITIONER Versus STATE OF BIHAR ………….. OPPOSITE PARTY ----------- 02/ 03-02-2009 Heard the counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is accused in a case under Sections 341, 323, 447, 435, 504 and 34 of the Indian Penal Code and 3(I) (x) of SC/ST (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that the land was gifted to his wife by one Kishundeo Bhagat and thereafter a Title Suit was filed by Kishundeo Bhagat which was dismissed for default in the year 2005. It is, therefore, submitted that the petitioner remained in possession of the land. Later the informant is said to have got a sale deed executed in her favour by one Kiran and her husband. On the basis of the sale deed they are claiming title and alleged that the petitioner and others had entered into the hut and set ablaze the hut. He further submitted that it is a case of Civil dispute. Allegations are false and similarly situated co-accused has been granted bail in Criminal Misc. No. 7012 of 2008 disposed of on 16.5.2008. Considering the facts and circumstances of the case, petitioner Anil Kumar in the event of his arrest/surrender in the Court below within six weeks from today shall be released on - 2 - anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, (West) Muzaffarpur in connection with Saraiya P.S. Case No. 240 of 2007 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. S.Sb/- (Sheema Ali Khan, J.)