Nepo Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1476 of 2018 Arising Out of PS.Case No. -209 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Nepo Tanti, son of Babulal Tanti, resident of Village- Bhagwanpur, P.S.- Muffasil (Lakho), District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.1508 of 2018 Arising Out of PS.Case No. -209 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Rekha Devi, Wife of Ram Pravesh Tanti,
2. Meena Devi, Wife of Nepo Tanti, both are resident of VillageBhagwanpur, P.S.- Muffasil, (Lakho), District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.1476 of 2018) For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP Mr. Ravindra Kumar, Advocate (In Cr.Misc. No.1508 of 2018) For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 23-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Muffasil (Lakho) P.S. Case No.209 of 2017 instituted for the offence under Section(s) 341, 323, 324, 302, 504/34 Indian Penal Code.
Patna High Court Cr.Misc. No.1476 of 2018 (5) dt.23-03-2018 2/3 Counsel for the petitioners has submitted that there is specific allegation against Ram Pravesh Tanti of assaulting the son of the informant with spade on the head. There is general and omnibus allegation against these petitioners that they also assaulted the son of the informant.
Case diary has been received. There is mention of post mortem report in para 22 of the case dairy, wherein, it has been mentioned that death has been caused due to hemorrhagic and neurogenic shock caused by heavy hard and blunt substance. Post mortem report is not enclosed with the case diary. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Muffasil (Lakho) P.S. Case No.209 of 2017, they shall 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 the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be
Patna High Court Cr.Misc. No.1476 of 2018 (5) dt.23-03-2018 3/3 present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T