Kailash Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13069 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -LAXMIPUR District- JAMUI ====================================================== Kailash Tanti, Son of Late Agnu Tanti, Resident of Village- Mohanpur, Police Station- Laxmipur, District- Jamui ... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Kumar Mishra, Advocate For the State : Mr. Nand Kumar, APP For the informant : Mr. K.K.Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard counsel for the petitioner, the State and the informant.

Petitioner is an accused in a case registered for offence under sections 341, 323, 324, 504, 34, 313 and 304 of the IPC. Learned counsel for the petitioner submits that there is a case and counter case between the parties and in fact petitioner's wife had lodged first case bearing Laxmipur Police Station Case No. 11/2018 instituted in relation to the same occurrence wherein the informant party has been alleged to be the aggressor. Counsel for the informant opposed the prayer for bail and submits that the informant has suffered miscarriage in the scuffle. Counsel for the petitioner submits that the said miscarriage was caused by co-accused Ganesh Tanti and Kundan Tanti. Prior to the lodging of this case, petitioner is not accused in

Patna High Court Cr.Misc. No.13069 of 2018 (3) dt.06-04-2018 2/2 other case. Petitioner is in custody since 15.1.2018. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 3rd, Jamui in Laxmipur Police Station Case No. 12 of 2018 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi./- U T