Ganesh Tanti And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39467 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -LAXMIPUR District- JAMUI ======================================================
1. Ganesh Tanti, Son of Kailash Tanti,
2. Krishnadeo Tanti, Son of Kailash Tanti,
3. Kundan Kumar Tanti @ Kundan Tanti, Son of Ganesh Tanti, null
4. Munni Devi, Wife of Ganesh Tanti, All resident of Village- Mohanpur, P.S.- Laxmipur, District- Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Laxmipur P.S.Case No..12 of 2018 , registered for offences punishable under Sections 341, 323, 324, 504/34, 313 and 304 of the Indian Penal Code.
Allegation against the petitioner nos. 1 and 2 is of assault to the informant Ranju Devi causing miscarriage of her foetus and allegation against the petitioner nos.3 and 4 is of assault to the Gotani of Ranju Devi (Sanju Devi).
Submission of the learned counsel for the petitioners is that the injuries are simple in nature and there is case and counter case between the parites.
Patna High Court Cr.Misc. No.39467 of 2018 (3) dt.16-08-2018 2/3 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the miscarriage of the foetus was due to assault by the petitioners and Sanju Devi has also received injuries..
Having heard both sides. So far allegation against the petitioner nos. 1 and 2 is same and considering the allegation of petitioner nos. 1 (Ganesh Tanti) and 2 (Krishnadeo Tanti) ) are concerned, I am not inclined to grant privilege of the anticipatory bail to them rather they are directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered at its own merit.
So far petitioner nos. 3 (Kundan Kumar Tanti @ Kundan Tanti) and 4. (Munni Devi) is concerned, let the petitioner nos. 3 and 4 in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM 3rd, Jamui in connection with Laxmipur P.S.Case No.12 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.39467 of 2018 (3) dt.16-08-2018 3/3 With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T