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Patna High CourtCR. MISC./17701/2020bail granted

Tarni Prasad Singh v. The State Of Bihar

2020-09-23Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17701 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Tarni Prasad Singh S/O Late Dhanushdhari Singh Resident of Village - Nathpur, P.S. - Narpatganj, Distt.- Araria.

2.

Raj Kishor Singh S/O Late Dhushdhari Singh Resident of Village - Nathpur, P.S. - Narpatganj, Distt.- Araria.

3.

Rekha Devi W/O Devendra Singh Resident of Village - Nathpur, P.S. - Narpatganj, Distt.- Araria.

4.

Raju Devi @ Raju Singh W/o Raj Kishor Singh Resident of Village - Nathpur, P.S. - Narpatganj, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Thakur, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-09-2020 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Narpatganj P.S. Case No. 299 of 2019, registered under sections 379, 354B, 324 and other sections of the Indian Penal Code.

As per allegation in the F.I.R. the accused persons including the petitioners herein are stated to have abused and assaulted the informant and others. It is further stated that the

Patna High Court CR. MISC. No.17701 of 2020(3) dt.23-09-2020 2/3 petitioner no.1 assaulted the informant while Devendra Singh is stated to have assaulted the informant's brother Deep Narayan Singh with the farsa.

It is submitted by learned counsel for the petitioners that the allegation as levelled in the F.I.R. are false and concocted. The petitioner nos. 3 and 4 are ladies. There is admitted land dispute between the parties which is the cause of false implication. There is a case and counter case between the parties and the correct version having been stated in the F.I.R. lodged by the petitioner no.3, which is Annexure-2 to the petition. It is submitted that the petitioners have no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact of there being case and counter case and the material that has transpired in the case diary, the Court is inclined to enlarge the petitioners on anticipatory bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Narpatganj P.S. Case No. 299 of 2019, they will be enlarged on bail on furnishing

Patna High Court CR. MISC. No.17701 of 2020(3) dt.23-09-2020 3/3 bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code. (Partha Sarthy, J) Bibhash/- U T