Basant Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12028 of 2025 Arising Out of PS. Case No.-61 Year-2024 Thana- Parihara District- Begusarai ====================================================== 1.

Basant Tanti Son of Ram Pravesh Tanti Resident of Village- Bahuara, P.S.- Parihara, Distt.- Begusarai 2.

Rabita Devi Wife of Basant Tanti Resident of Village- Bahuara, P.S.- Parihara, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2025 No one appears on behalf of the petitioners though the State is present.

2. The petitioners are apprehending their arrest in connection with Parihara P.S. Case No. 61 of 2024 for the offence under sections 103(1), 61(2), 85, 352 and 3(5) of the B.N.S. lodged on 01.11.2024 by the informant, Rohit Tanti.

3. As per the prosecution story, the allegation is that Lakho Devi was married to Sheet Kumar Tanti in the year 2016 and blessed with three children. On 31.10.2024, information was received that she was hanged/killed by the accused. Upon reaching the place, they saw mark on the neck and absence of the family members. The allegation is that they were demanding

Patna High Court CR. MISC. No.12028 of 2025(3) dt.13-05-2025 2/3 Rs. 5,00,000/- and failure to do so, the killing. This led to the FIR.

4. The Coordinate Bench earlier called for the case diary and the postmortem report which have come. According to the PMR, the cause of death is asphyxia as a result of hanging. The two petitioners are the sister-in-law (Gotni) and brother-inlaw (Devar) and the husband is not an accused in this case.

5. Considering the aforesaid facts as also that it has been found to be a case of suicide, FIR is there, the two petitioners shall be facing the trial and one of them is a lady, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

6. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai in connection with Parihara P.S. Case No. 61 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;

Patna High Court CR. MISC. No.12028 of 2025(3) dt.13-05-2025 3/3 (ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T