Pyare Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57493 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== 1.
Surendra Tanti S/o Mishri Tanti R/o village- Barabandh (Dohra), P.S.- Sikandra, District- Jamui.
2.
Bablu Tanti S/o Kaleshwar Tanti R/o village- Barabandh (Dohra), P.S.- Sikandra, District- Jamui.
3.
Gautam Tanti S/o Kaleshwar Tanti R/o village- Barabandh (Dohra), P.S.- Sikandra, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 58137 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== PYARE TANTI Son of Karu Tanti Resident of Village - Barabandh (Dohra), P.S.- Sikandra, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 57493 of 2021) For the Petitioner/s :
Mr.Kamal Kumar Sinha For the Opposite Party/s :
Mr.Md. Ataur Rahman (In CRIMINAL MISCELLANEOUS No. 58137 of 2021) For the Petitioner/s :
Mr.Kamal Kumar Sinha For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 By order dated 29.06.2022, the prayer for anticipatory bail in respect of petitioner no.3, Gautam Tanti of Cr. Misc. No.57493 of 2021 was permitted to be withdrawn, as prayed for. Heard learned counsel for the petitioners and learned
Patna High Court CR. MISC. No.57493 of 2021(3) dt.28-07-2022 2/3 APP for the State.
The petitioners apprehend their arrest in Sikandra P.S. Case No.87 of 2021, registered for the offences punishable under Sections 147, 148, 341, 323, 354(B), 307, 379, 504 and 506 of the Indian Penal Code.
The petitioners are said to have tried to outrage the modesty of the informant. The accused persons also snatched the bangles made of silver and locket made of gold from the informant.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation against the petitioners. The injuries are simple in nature. It is also submitted that no motive has been assigned in the FIR and the informant is the neighbour of the petitioners. It is submitted that the occurrence took place on 28.03.2021, but the FIR was lodged on 30.03.2021, after delay of 2 days without giving any explanation which creates doubt on the veracity of the prosecution case.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.
Taking into consideration the facts that there is delay
Patna High Court CR. MISC. No.57493 of 2021(3) dt.28-07-2022 3/3 in lodging the FIR and the injuries are simple in nature, let petitioners no.1 and 2 of Cr. Misc. No.57493 of 2021 and petitioner of Cr. Misc. No.58137 of 2021, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Sikandra P.S. Case No.87 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J.) Sanjay/- U T