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Patna High CourtCR. MISC./70925/2021bail granted

Pawan Tanti @ Devraj Pawan Kumar v. The State Of Bihar

2022-06-07Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70925 of 2021 Arising Out of PS. Case No.-140 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Pawan Tanti @ Devraj Pawan Kumar, S/o Basudeo Tanti Resident of Village - Kirtaniya, P.S. - Pirpainti, District - Bhagalpur. 2.

Kawita Devi, W/o Pawan Tanti @ Devraj Pawan Kumar Resident of Village - Kirtaniya, P.S. - Pirpainti, District - Bhagalpur. 3.

Meera Devi @ Sushila Devi, W/o Basudeo Tanti Resident of Village - Kirtaniya, P.S. - Pirpainti, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tarun Prasad Mandal, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-06-2022 Heard the learned counsel for the petitioners and the learned APP for the State.

Learned counsel for the petitioners is permitted to remove the defect/(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Pirpainti P.S. Case No. 140 of 2021 registered for the offences punishable under Sections 341, 323, 308, 504, 506/34 of the Indian Penal Code.

As per prosecution story, there is allegation against the petitioners of abusing and assaulting the informant and his wife with lathi, danda, axe etc. due to

Patna High Court CR. MISC. No.70925 of 2021(2) dt.07-06-2022 2/3 which they sustained injuries and they have also threatened the informant to implicate his son in a false case so that he could not get a job.

Learned counsel for the petitioners submits that due to land dispute between the parties, some altercation took place between them and the petitioners have been implicated in this case. There is general and omnibus allegation against them. It is further submitted that there is delay of two days in lodging the FIR. He further submits that both the parties are next door neighbor. Petitioners are having no criminal antecedent and petitioner nos. 2 and 3 are female and petitioner no. 3 is aged about 76 years.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the aforesaid submissions made on behalf of the parties, nature of allegation against the petitioners and the fact that petitioner no. 2 and 3 are female, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.70925 of 2021(2) dt.07-06-2022 3/3 amount each to the satisfaction of the learned ACJM-XI, Bhagalpur in connection with Pirpainti P.S. Case No. 140 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

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