Moti Tanti And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32283 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Moti Tanti S/o Bramdeo Tanti
2. Golu Tanti @ Golo Tanti @ Gulu Tanti S/o Bramdeo Tanti.
3. Sakaldeo Tanti, S/o Late Mahthu Tanti.
4. Rekha Devi W/o Moti Tanti.
5. Rukia Devi W/o Sakaldeo Tanti All are Resident of village Ravi Sakarpura P.S. Khagaria (Gangaur) District Khagaria. .... .... Petitioner/s
Versus
The State of Bihar ... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are apprehending their arrest in connection with Khagaria (Gangaur) P.S. Case No. 76 of 2017 registered for the offences punishable under Sections 323,341,504,379,308/34 of the Indian Penal Code.
Counsel for the petitioners submits that they have falsely been implicated in this case due to land dispute on account of which a proceeding under Section 107 Cr.P.C, vide Case No. 750 M of 2016 has been initiated on the land bearing Khata No. 474, Khesra No. 3174, Area 13 Katha 5 dhoor which is Khatani land of the petitioners. The informant of this case has lodged this false case to pressurize the instant petitioners to execute sale deed
Patna High Court Cr.Misc. No.32283 of 2017 (2) dt.13-07-2017 2/2 of the said land in his favour. He further submits that there is no injury upon the informant and that the petitioners have no criminal antecedent prior to the instant case. On perusal of the FIR, he submits that it is apparent that the allegations arising out of cutting of a tree branch.
In the facts and circumstances of the case, the prayer of anticipatory bail of the petitioners is allowed. Let the petitioners above named, in the event of their arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Khagaria (Gangaur) P.S. Case No. 76 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.
(Madhuresh Prasad, J) Prakash/- U T