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Patna High CourtCR. MISC./754/2025bail granted

Sukdeo Tanti @ Sukhdeo Tanti v. The State Of Bihar

2025-02-21Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.754 of 2025 Arising Out of PS. Case No.-254 Year-2013 Thana- KATORIYA District- Banka ====================================================== 1.

Sukdeo Tanti @ Sukhdeo Tanti Son of Late Matuki Tanti Resident of Village- Gonowari, P.S.- Katoriya, District- Banka 2.

Ganga Devi Wife of Sukhdeo Tanti Resident of Village- Gonowari, P.S.- Katoriya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate Mr. Ganesh Sharma, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-02-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Katoriya P.S. Case no.254 of 2013 registered under sections 304B, 328 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that as a result of torture by the accused persons including the two petitioners herein who happen to be the father-in-law and mother-in-law of the deceased, the daughter of the informant consumed poison and died.

4. Learned counsel for the petitioners submits that the petitioners who are the father-in-law and mother-in-law of the

Patna High Court CR. MISC. No.754 of 2025(4) dt.21-02-2025 2/3 deceased have been falsely implicated in the case. Admittedly, the informant is not an eye witness to the occurrence and from the FIR itself it would be evident that information was given by the petitioners about the daughter of the informant having consumed poison. Learned counsel further submits that the husband of the deceased namely Pradeep Tanti has been enlarged on bail vide order dated 23.11.2022 passed in Cr. Misc. no.57808 of 2022. The petitioners are in custody since 16.11.2024 and chargesheet has been submitted in the case. They undertake to cooperate in the trial.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the FIR, the material that has transpired in course of investigation, the husband of the deceased namely Pradeep Tanti having been enlarged on bail vide the aforesaid order dated 23.11.2022 and the petitioners who are the father-in-law and mother-in-law of the deceased having remained in custody since 16.11.2024, both the petitioners are directed to be enlarged on bail in connection with Katoriya P.S. Case no.254 of 2013 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.754 of 2025(4) dt.21-02-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Banka on the following conditions :- (I) The petitioners shall remain properly represented in the learned trial Court on each date of the trial and shall cooperate in the trial.

(II) In case the learned trial Court is of the opinion that the trial is being delayed due to non-cooperation on part of the petitioners, the learned trial Court may cancel the bail bond of the petitioners and take them into custody till conclusion of the trial.

(Partha Sarthy, J) Shiv/- U T