Ganga Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33259 of 2021 Arising Out of PS. Case No.-231 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== ANJANA DEVI Wife of Laxman Tanti Resident of Village - Kashimpur P.S. - Sultanganj, District - Bhagapur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38541 of 2021 Arising Out of PS. Case No.-231 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== GANGA TANTI S/O LATE GOPAL TANTI R/O VILLAGE-KASHIMPUR, P.S-SULTANGANJ, DISTRICT-BHAGALPUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 33259 of 2021) For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr. APP.
(In CRIMINAL MISCELLANEOUS No. 38541 of 2021) For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mrs.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Both the petitions have arisen out of Sultanganj P.S.
Patna High Court CR. MISC. No.33259 of 2021(4) dt.08-03-2022 2/3 Case No. 231/ 2020 registered for the offences punishable under Sections 307, 325/34 of the IPC and later on, Section 302 of IPC was added and accordingly, common order is being passed in both the bail petitions.
The prosecution case in short is that the informant who was living at his maternal grandmother's home alleges that on 12.11.2020 when he reached in front of house of his cousin grandmother's house, the accused persons due to enmity started assaulting him with iron rod, bricks and stones with intention to kill him as a result of which, the informant sustained injury on his head and his right leg also got fractured. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that the entire allegation levelled against the petitioners are false and fabricated. He further submits that there is no motive of the alleged occurrence and the petitioners are in custody since 13.11.2020 and 12.11.2020 respectively.
The learned Additional Public Prosecutor on the basis of the materials on record and the case diary submits that there is specific allegation of assault against the petitioners and the same has also been corroborated from the postmortem report of
Patna High Court CR. MISC. No.33259 of 2021(4) dt.08-03-2022 3/3 the deceased. He further submitted that witnesses have also supported the case of the prosecution.
Considering the aforesaid facts, I am not inclined to enlarge the petitioners on bail and accordingly, their prayer for bail stand rejected.
However, the learned trial court is directed to expedite the trial.
(Rajesh Kumar Verma, J) shahzad/- U T