Angrej Tanti @ Angreji Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20424 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- LAXMIPUR District- Jamui ====================================================== ANGREJ TANTI @ ANGREJI TANTI S/O Arjun Tanti R/o Kararia, P.S. - Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Laxmipur P.S. Case No. 135 of 2020 registered for the offence under Sections 457, 323, 354(B), 504, 506 of the Indian Penal Code. Allegedly, the petitioner having entered into house of the informant, tried to outrage her modesty. On protest, the

Patna High Court CR. MISC. No.20424 of 2021(2) dt.14-02-2022 2/3 informant was assaulted by the petitioner. It is also alleged that the petitioner tore her clothes.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case due to village politics. There is property dispute in the family and for the said reason, the Bhabhi of the petitioner has got the present case instituted. All the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or

Patna High Court CR. MISC. No.20424 of 2021(2) dt.14-02-2022 3/3 surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No. 135 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T