Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58390 of 2023 Arising Out of PS. Case No.-69 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Lalita Devi, Wife Of Ganesh Tanti, Village- Paharchak, P.S.- Mufassil, District- Begusarai 2.

Brahmdev Tanti, Son Of Late Sonu Tanti, Village- Paharchak, P.S.- Mufassil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Muffasil P.S. Case No. 69 of 2022 registered for the offences punishable under Sections 147, 148, 341, 323, 324, 448, 354(B) and 308 of the Indian Penal Code.

3. Allegation against the petitioners is that they alongwith 10 other co-accused persons have entered into the house of the informant duly armed with lathi, danda and iron rod and assaulted the informant with iron on his head when his son came to save him they also assaulted him and pressed the neck of the wife of the informant.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.58390 of 2023(2) dt.20-09-2023 2/2 specific allegation of assault is against the co-accused Dinesh Tanti and Sikandar Tanti and five other accused persons and not against these petitioners and the injuries sustained by the informant and his son are simple in nature. Petitioner no. 1 has one criminal antecedent and petitioner no. 2 has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Muffasil P.S. Case No. 69 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T