Binod Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16872 of 2021 Arising Out of PS. Case No.-144 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== Binod Tanti Son Of Laxman Tanti Resident Of Village- Bandar Bhagua, P.S.- Chadramandhi, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Chandramandih P.S. Case No. 144 of 2019 registered for the offence punishable under Sections 304-B, 201, 506/34 of the Indian Penal Code. Allegation against the petitioner is that petitioner in association with his family members abused, brutally tortured and killed daughter of the informant due to non fulfillment of dowry demand. It is alleged that husband of the deceased demanded motorcyle from the deceased and due to non fulfillment of said demand he with his family members killed her and burnt her dead body at some distance from their home. They also abused informant

Patna High Court CR. MISC. No.16872 of 2021(2) dt.26-08-2021 2/2 when he reached at the place of occurrence.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of this bail petition and he is languishing in custody since 29.12.2019. Learned APP for the State vehemently opposing the bail petition submitted that there is specific overt act of killing daughter of the informant against the petitioner and petitioner is the husband of the deceased.

In the facts and circumstances of the case and considering the fact that petitioner is the husband of the deceased, I am not inclined to grant privilege of bail to the petitioner in connection with Chandramandih P.S. Case No. 144 of 2019 to the satisfaction of learned A.C.J.M. IV, Jamui.

Accordingly, prayer for bail of the petitioner is hereby rejected.

However, Trial Court is directed to expedite the trial. (Anjani Kumar Sharan, J) GAURAV S./- U T