Bhushan Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24473 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- BANKA District- Banka ====================================================== 1.

Bhushan Tanti S/o Naresh Tanti Resident of Village- Deshariya, P.S.- Banka, District- Banka.

2.

Sudhir Tanti S/o Naresh Tanti Resident of Village- Deshariya, P.S.- Banka, District- Banka.

3.

Naresh Tanti S/o Late Bhagwat Tanti Resident of Village- Deshariya, P.S.- Banka, District- Banka.

4.

Chandrama Devi Wife of Naresh Tanti Resident of Village- Deshariya, P.S.- Banka, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-10-2020 Heard learned counsel for the petitioners as well as learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in Banka P.S. Case No. 116 of 2019 registered for the offence under Sections 341, 323, 448, 308, 506/34 of the Indian Penal Code. As per the prosecution case, on 21-02-2019 at about 5 PM, all the petitioners armed with deadly weapons entered into the house of informant and assaulted her by Garasa, as a result of which, the hand of informant fractured and she was referred to Mayaganj Hospital, Bhagalpur for better treatment. It

Patna High Court CR. MISC. No.24473 of 2020(2) dt.01-10-2020 2/2 is further alleged that on 26-02-2019, petitioners have also threatened her to withdraw the case, otherwise she would be killed.

It is submitted on behalf of petitioners that petitioners are innocent and they are gotiya and due to family dispute, a false case has been lodged. It is further submitted that occurrence is alleged to have occurred on 21-02-2019, but FIR has been lodged on 28-02-2019.

However, learned A.P.P. for the State has vehemently opposed the bail application and submitted that all the petitioners have brutally assaulted the informant, as a result of which, she received grievous injury and sufficient explanation has been given in the F.I.R. about delay for lodging the present F.I.R.

Considering the aforesaid facts and circumstances, the anticipatory bail application is rejected.

(Prabhat Kumar Singh, J.) anay/- U T