← Library
Patna High CourtCR. MISC./15440/2021bail granted

Digamber Tanti v. The State Of Bihar

2022-04-04Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15440 of 2021 Arising Out of PS. Case No.-296 Year-2020 Thana- KHAIRA District- Jamui ====================================================== DIGAMBER TANTI Son of Surendra Tanti Resident of Village- Amari, P.S.- Khaira, District- Jamui.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-04-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Khaira P.S. Case No. 296 of 2020, registered for the offences punishable under Sections 143, 341, 323, 324, 354 (a), 3-7, 504, 506 of the Indian Penal Code.

As per allegation, some altercation took place between the members of the informant and accused persons. When informant Anar Devi made protest, the petitioner attempted to press her neck and all the accused persons also attempted to kill her. Prior to the occurrence, on 28.06.2020 also the accused persons had assaulted the informant.

Patna High Court CR. MISC. No.15440 of 2021(4) dt.04-04-2022 2/2 Learned counsel for the petitioner has submitted that there is case and counter case. The alleged victim/informant did not receive any injury in the present case as the FIR itself shows that the present case has been lodged for the offense dated 05.07.2020 but the injury which has sustained by the informant is of 28.06.2020 which is seven days prior to this occurrence.

Considering the fact that the present injury report is not related to the occurrence dated 05.07.2020, and the petitioner is a person of clean antecedent, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, 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 C.J.M, Jamui in connection with Khaira P.S. Case No. 296 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T