Patna High CourtCR. MISC./12807/2015bail granted

Madan Tanti And ANR v. State Of Bihar And ANR

2015-03-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12807 of 2015 Arising Out of PS.Case No. -1780 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Madan Tanti, son of Late Rameshwar Tanti, resident of VillageNawinagar, P.S. and District-Jamui

2. Lutan Mandal son of Rakhelawan Mandal, resident of VillageManjhwey, P.S. and District-Jamui .... .... Petitioners

Versus

1. The State of Bihar

2. Naresh Das son of Late Saujad Das, resident of village-Manjhey, P.S. and District-Jamui .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Pankaj Kumar Sinha For the Opposite Party : Mr. Sadanand Paswan (Spl. App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a complaint case filed with accusation under Sections 323, 341, 379, 504, 34 of the I.P.C and Section 3(1)(x)(xi) of the SC & ST(Prevention of Atrocities) Act.

It is alleged that petitioners surrounded the complainant pointing pistol and petitioner No. 1 abused by calling caste name, assaulted the complainant and his family members and took away cash of Rs. 5000/-.

It is submitted by learned counsel for the petitioners that brother of the husband of the complainant filed Case No. 4 of 2011 before Gram Kutchery for partition and measurement of the land and the judgment was passed by the

Patna High Court Cr.Misc. No.12807 of 2015 (2) dt.26-03-2015 2/2 petitioner No. 1 being Sarpanch and petitioner No. 2 being Panch against the complainant. Hence, as retaliatory measure the present complaint has been lodged. Moreover for the occurrence of 04.12.2012 the complaint was filed on 06.12.2012.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Complaint Case No. 1780C of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T