Jagarnath Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57981 of 2019 Arising Out of PS. Case No.-530 Year-2017 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== 1.

JAGARNATH TANTI Son of Late Nathan Tanti Resident of Village-Barahi, P.S.-Saur Bazar, District-Saharsa.

2.

Masomat Jhakshi Devi Wife of Late Bhuvneshwari Tanti Resident of Village-Barahi, P.S.-Saur Bazar, District-Saharsa. 3.

Binod Tanti Son of Late Bhuvneshwari Tanti Resident of Village-Barahi, P.S.-Saur Bazar, District-Saharsa.

4.

Shiv Tanti @ Shiv Kumar Son of Late Bhuvneshwari Tanti Resident of Village-Barahi, P.S.-Saur Bazar, District-Saharsa. 5.

Pulendra Das @ Pulendra Tanti Son of Late Bhajan Das @ Bhajan Sharma Resident of Village-Barahi, P.S.-Saur Bazar, District-Saharsa. 6.

Pulkit Kumar @ Pulkit Tanti Son of Rajendra Das Resident of VillageBarahi, P.S.-Saur Bazar, District-Saharsa. 7.

Sajan Kumar @ Sajan Tanti Son of Jagarnath Tanti Resident of VillageBarahi, P.S.-Saur Bazar, District-Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Santosh Kumar Tanti Son of Late Fanak Das Resident of Village-Barahi, P.S.-Sour Bazar, District-Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 530C of 2017, disclosing the offence under Sections 147, 148, 323, 307, 379, 34 of the Indian Penal Code. There is allegation in the complaint petition of having fraudulently got registered deed of sale in respect of piece of land which belongs to the complainant.

Patna High Court CR. MISC. No.57981 of 2019(2) dt.13-09-2019 2/2 Learned counsel appearing on behalf of the petitioners has submitted that petitioner No.5 has filed title suit No.59 of 2017 which is pending in the Court of Munsif, Saharsa Considering the above submission and fact that civil dispute between parties is reason behind lodging of the complaint case, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand), each with two sureties of the like amount, each to the satisfaction of the learned Additional Chief Judicial Magistrate, IV, Saharsa, in connection with Complaint Case No. 530C of 2017, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bounds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) T.Kr./- U T