Shivdani Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5582 of 2023 Arising Out of PS. Case No.-194 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== Shivdani Tanti Son Of Late Sitaram Tanti R/V- Chandipur, P.S- Warisaliganj, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Warisaliganj P.S Case No. 194/2021 dated 22.05.2021 registered for the offence punishable u/s 304B/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons committed murder of the informant's daughter by administering poison to her due to non-fulfillment of demand of motorcycle as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.5582 of 2023(7) dt.20-03-2024 2/3 petitioner who is husband of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. Learned counsel for the petitioner has further submitted that the alleged occurrence took place on 24.04.2021 but the F.I.R. has been lodged on 22.05.2021 without any explanation. The petitioner has clean antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that as per the post-mortem report, the cause of death could not be ascertained. The petitioner is in custody since 02.06.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner is the husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Warisaliganj P.S. Case No. 194 of 2021, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.5582 of 2023(7) dt.20-03-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T