Bablu Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32723 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.
Bablu Tanti Son Of Mahendra Tanti Village- Laluchak, Ps- Ishakchak, DistBhagalpur 2.
Sunita Devi Wife Of Bablu Tanti Village- Laluchak, Ps- Ishakchak, DistBhagalpur 3.
Anchal Kumari Daughter Of Bablu Tanti Village- Laluchak, Ps- Ishakchak, Dist- Bhagalpur 4.
Archana Kumari Daughter Of Bablu Tanti Village- Laluchak, Ps- Ishakchak, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Maslehuddin Ashraf For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2024 Heard learned counsel for the petitioners and the State.
2. The petitioners are apprehending their arrest in connection with Ishakchak P.S. Case No. 214 of 2023 instituted under Sections 341, 323, 337, 354, 308/34 of the Indian Penal Code lodged on 03.11.2023 by the informant, Savita Devi.
3. As per the prosecution story, the informant alleged that due to minor issue, the accused side started pelting stones causing injuries. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.32723 of 2024(2) dt.20-07-2024 2/3 omnibus nature of assault is there, it was a scuffle between the parties which resulted into FIR, they are ready to co-operate in the investigation and will be diligently appearing in trial.
5. Learned APP opposes the prayer.
6. Taking into account the aforesaid submissions put forward by the parties as also the fact that three of the petitioners are ladies, they do not have criminal antecedent. Similarly co-accused persons have already been granted bail vide order dated 14.03.2024 passed in Cr. Misc. No. 16134 of 2024.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Bhagalpur in connection with Ishakchak P.S. Case No. 214 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.32723 of 2024(2) dt.20-07-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Arish/- U T