Dharmendra Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42583 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== 1.

DHARMENDRA TANTI Son of Late Ramlakhan Tanti Resident of Village - Gandhi Tola, Harnaut, P.S.- Harnaut, Distt - Nalanda. 2.

Kanti Devi Wife of Dharmendra Tanti Resident of Village - Gandhi Tola, Harnaut, P.S.- Harnaut, Distt - Nalanda.

3.

Akhilesh Kumar @ Aklesh Kumar Son of Dharmendra Tanti Resident of Village - Gandhi Tola, Harnaut, P.S.- Harnaut, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Ranjan Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Harnaut P.S. Case No. 40 of 2019, disclosing offences under Sections 448, 341, 323, 308, 504 and 506/34 of the Indian Penal Code.

Petitioner no.2 is the wife and petitioner no.3 is the son of petitioner no.1. They have been implicated in the case with the allegation that they assaulted the informant and her family members, who are tenants of the petitioners, as these petitioners wanted them to vacate their house. Learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.42583 of 2019(2) dt.10-07-2019 2/2 only because the fracture injury has been found, the nature of the injury has been held to be grievous. It has further been submitted that this is apparently a dispute between the landlord and the tenants which has been given cloak of a criminal case. Considering the facts and circumstances of the case, the application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Harnaut P.S. Case No.

40 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.