Digo Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11089 of 2022 Arising Out of PS. Case No.-161 Year-2021 Thana- CHANDAN District- Banka ====================================================== DIGO TANTI SON OF BADRI TANTI RESIDENT OF VILLAGESIDHUDIH, P.S. CHANDAN (ANANDPUR) DISTRICT- BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Chandan (Anandpur) P.S. Case No. 161 of 2021 registered for the offence under Sections 341, 448, 354(B), 504 and 506 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 10.09.2021.
The allegation against the petitioner is to disrobe the informant with bad intention, while sleeping in her house. Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of the FIR, it is not appearing
Patna High Court CR. MISC. No.11089 of 2022(2) dt.06-07-2022 2/3 that petitioner was under intention to disrobe or compelled the informant to be naked. It has further been submitted that present false implication is only in the background of land dispute pending between the parties before Circle Officer, Chandan, Banka. It has further been submitted that petitioner is a man of clean antecedent, moreover, investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as the FIR is not suggesting that petitioner was under intention to disrobe the informant, who is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Chandan (Anandpur) P.S. Case No. 161 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Banka, subject to the following conditions:
"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and
Patna High Court CR. MISC. No.11089 of 2022(2) dt.06-07-2022 3/3 exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be father of the petitioner."
(Chandra Shekhar Jha, J) S.Katyayan/ R.S. Sen/- U T