Patna High CourtCR. MISC./20676/2016dismissed

Tuntun Tanti And ORS v. The State Of Bihar

2016-10-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20676 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Tuntun Tanti Son of Mulhai Tanti

2. Nilesh Tanti @ Nilesh Kumar Tanti Son of Vijay Tanti

3. Futtan Tanti Son of Chulhai Tanti

4. Bishan Tanti

5. Mulhai Tanti

6. Chulhai Tanti Petitioner nos 4 to 6 sons of Basu Tanti All resident of Village- Fatehpur, Pokhar Tola, Police Station Jagdishpur, District Bhagalpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Md. Najmul Hodda, Advocate.

For the Opposite Party : Mr. Nand Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2016 Heard both sides.

The petitioners apprehend their arrest in Jagdishpur P.S. Case No. 27 of 2016 registered for the offences punishable under Section 354 and other Sections of the Indian Penal Code. The informant alleged that while his daughter Sita Devi was watching her crop the petitioners assaulted her daughter who became unconscious.

Learned counsel for the petitioners submits that no offence under Section 354 of the Indian Penal Code is made out. There is counter version. The police did not arrest the petitioners and asked the petitioners to appear in court below under Section

Patna High Court Cr.Misc. No.20676 of 2016 (4) dt.21-10-2016 2/2 41 of the Code of Criminal Procedure.

Considering the facts that the police did not arrest the petitioners and directed to appear in the court below, the petitioners got no apprehension of being arrested, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, their prayer shall be considered on its own merit without being prejudiced by this order and dispose of the bail petition preferably on the same day taking into consideration that there is case and counter case and the occurrence took place due to land dispute. (Prabhat Kumar Jha, J.) KKSINHA/- U T