Pramanand Tanti @ Brahmanand Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.6287 of 2016 (3) dt.06-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6287 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Pramanand Tanti @ Brahmanand Kumar son of Late Latayan Tanti, R/o village- Pidnan, P.S.- Laxmipur, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kartik Kumar Sinha For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Laxmipur P.S. Case No. 161 of 2015 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Rita Devi, the daughter of the informant, was married to the petitioner in the year 2015 and allegedly, she was burnt and during treatment in PMCH she died on 14.08.2015. It is alleged that chain, ring, utensils and motorcycle were demanded and due to nonfulfillment the in-laws were causing threats and ultimately killed her. Submission is of false implication and that accidentally the earthen lamp fell upon the wife of the petitioner, resulting, fire caught her, the petitioner tried to save her and she was brought in the hospital for treatment but she was not saved and died. The wife of the petitioner did not make any complaint against the petitioner or any other in-laws

Patna High Court Cr.Misc. No.6287 of 2016 (3) dt.06-04-2016 to her father which is evident from the first information report itself and further during investigation witnesses Govind Tanti, Durgesh Tanti and Darogi Tanti have also not supported the prosecution version and they have stated that deceased received burn injury due to fall of earthen lamp.

Learned APP opposes the prayer of bail by submitting that the petitioner is the husband.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Amrendra Kumar, J. M. Ist Class, Jamui in connection with Laxmipur P.S. Case No. 161 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T