Manoj Tanti And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48732 of 2015 Arising Out of PS.Case No. -51 Year- 2015 Thana -NIMACHANDPUR District- BEGUSARAI ======================================================
1. Manoj Tanti S/o Late Khokho Tanti
2. Gayatri Devi, D/o Late Khokho Tanti Both are Resident of village- Kaith, P.S.- Neemchandpur, District- Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s : Smt. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner no. 2 and learned counsel for the State.
The petitioner no. 2 is apprehending her arrest in connection with Neemachandpura P.S. Case No. 51 of 2015 for the offences instituted under Sections 341, 323, 448, 354, 379, 307, 504 and 506/34 of the Indian Penal Code. As per prosecution case that the Tatti, which was erected by the informant, her mother-in-law, husband and Manju Devi, had fallen down in the courtyard and then the petitioners and two unknown persons arrived there and started abusing and when the protest made by her mother-in-law then petitioner no. 1 Manoj Tanti assaulted with khanti on her head causing fracture on her skull bone and she fell down. Grand mother-in-law of the
Patna High Court Cr.Misc. No.48732 of 2015 (3) dt.04-02-2016 2/3 informant came there for rescue her mother-in-law, then she was also assaulted by petitioner no. 2, Gayatri Devi resulting fracture on her skull bone and she also fell down. Petitioners also assaulted to informant's husband and Manoj Tanti snatched her golden earring with a life threatening if she would go to police station. She has firm belief that since her mother-ion-law was Ex-Sarpanch hence in order to take revenge they have assaulted with iron rod over her head in order to kill her and accordingly, First Information Report was instituted.
It has been submitted that on behalf of the petitioner no. 2 that she has got no criminal antecedent and as per the prosecution case, the petitioner no. 2 is said to have assaulted Anti Devi on the head by danda. From perusal of the injury report of Anti Devi, it appears that there is no injury on the head hence, the petitioner no. 2 being a lady, has falsely been implicated in the present case.
On behalf of the State, it has been submitted that petitioner no. 2 is named in the First Information Report. Considering the aforesaid facts and circumstances, let the petitioner no. 2, Gayatri Devi, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with
Patna High Court Cr.Misc. No.48732 of 2015 (3) dt.04-02-2016 3/3 Neemachandpura P.S. Case No. 51 of 2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sushma/- U T