Budhdev Tanti @ Budev Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26252 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== BUDHDEV TANTI @ BUDEV TANTI SON OF LATE GUJO TANTI @ LATE GAJO TANTI R/O VILLAGE- SHRI NAGAR, P.S- GHAILAD, DIST- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 306 and 34 of the Indian Penal Code to which sections 302, 307, 201 and other sections of the Indian Penal Code were added subsequently.

As per the prosecution case, on receiving information about a dead body hanging from a tree, it transpired that the deceased was the brother of the informant. It is stated by the informant that his brother had gone to see a 'barat' on 27.12.2019. On 28.12.2019 the informant received information that the 14 named accused persons including the petitioner herein as also Lotan Tanti and Sentu Tanti had by way of conspiracy forcibly married the informant's brother to the daughter of Sentu Tanti. Panchayati had taken place. The informant states that it is as a result of the said occurrence that the murder had taken place.

Patna High Court CR. MISC. No.26252 of 2021(3) dt.16-12-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in the case. An unfounded suspicion has been raised by the informant against the accused persons including the petitioner herein. Co-accused Lotan Tanti has been enlarged on bail vide order dated 7.10.2021 passed in Cr. Misc. no. 22183 of 2021 while six other FIR named accused persons have been granted bail vide order dated 29.11.2021 passed in Cr. Misc. no. 20816 of 2021. The petitioner is in custody since 28.9.2020.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for over 1 year and grant of bail to the above named similarly situated co-accused, the Court directs the petitioner to be enlarged on bail in connection with Saur Bazar P.S. Case no. 8 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.

(Partha Sarthy, J) Prakash/- U