Aatmaram Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12717 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- ANTICHAK District- Bhagalpur ====================================================== Aatmaram Tanti Son of Prabhu Bhagat Tanti @ Prabhu Bhagat @ Prabhu Tanti R/O Village- Lalapur, P.S.- Antichak, District Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Reena Devi Wife of Baleshwar Tanti R/O Village- Chhoti Lalapur, P.S.- Antichak, District Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baijnath Sah, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Antichak P.S. Case No. 66 of 2024 instituted for the offence under Sections 366A/34 of the Indian Penal Code. 3.
Prosecution case in short is that minor daughter of the informant was abducted by the petitioner and his parents allegedly for the purpose of solemnizing marriage. 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-07-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
Patna High Court CR. MISC. No.12717 of 2025(4) dt.14-05-2025 2/3 5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that victim has not alleged any overt act against the petitioner in her statement recorded under Section 164 of the Cr.P.C. Moreover, she has deposed that she has solemnized the marriage with the petitioner at her own volition. As per medical report, victim has refused for her internal medical examination. It is lastly submitted that police after completion of investigation has already submitted charge sheet in this case.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and taking into account the statement of the victim recorded u/S 164 of the Cr.P.C., this Court is inclined to grant bail to the petitioner. 8.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Antichak P.S. Case No. 66 of 2024, subject to the following conditions:
Patna High Court CR. MISC. No.12717 of 2025(4) dt.14-05-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T