Patna High CourtCR. MISC./19971/2024bail granted

Kangress Tanti v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19971 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Kangress Tanti S/o Ganauri Tanti R/o Vill - Mahuwa Garh, P.S. - Laxmipur, Dist. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narsingh Tanti, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Laxmipur P.S. case No. 525 of 2023 instituted for the offences under Sections 341, 323, 363, 366(A), 511, 504, 506 and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that while the informant was at his home, accused persons came on motorcycle and attempted to kidnap his daughter and they also tried to bring her on motorcycle but two accused persons including the petitioner were caught by the villagers and later handed over to the police.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.19971 of 2024(2) dt.18-03-2024 2/3 Charge-sheet has been submitted in this case. There is no medical report available on record in this case and in fact the informant has filed an application (Annexure-2 to the present application) that they do not want medical examination of his daughter. No incriminating material has been recovered from the possession of the petitioner. In Section 161 Cr.P.C. statement, the victim has not supported the prosecution case. The petitioner is in custody since 25.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Laxmipur P.S. case No. 525 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.19971 of 2024(2) dt.18-03-2024 3/3 (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) Pankaj/- U T