Banarsi Tanti @ Banarsi Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32511 of 2016 Arising Out of PS.Case No. -353 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================
1. Banarsi Tanti @ Banarsi Sah S/o Ramji Tanti
2. Binod Tanti @ Ram Binod Tanti S/o Banarsi Tanti
3. Madi Tanti . S/o Shahu Tanti. All r/o Neuri- Navtoliya, Police Station Biraul, District .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 147/ 148/341/323/307/379/448/504 of the Indian Penal Code. Learned counsel for the petitioners submits that both the petitioners and the informant's side are agnates and there is a land dispute pending between them and Section 144 Cr. P.C. had also been imposed for the land which was the subject-matter of the dispute. He submits that there is case and counter case between the parties on account of the dispute which has arisen. It is submitted that petitioner No. 1 has been merely alleged to be an order giver whereas there is allegation against the petitioner Nos. 2 and 3. It
Patna High Court Cr.Misc. No.32511 of 2016 (2) dt.23-12-2016 P2/2 is alleged that the informant's side had attacked the lady members of the petitioner's side and as a result of which, Lukhiya Devi who is wife of Shankar Tanti had also been attacked with similar injuries.
Considering the close proximity of relationship between the petitioners and there being history of land dispute with case and counter case between the parties, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Additional Chief Judicial Magistrate, Darbhanga in connection with Biraul P.S. Case No. 353/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Anjana Mishra, J) Saif/- U T