Santu Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.56517 of 2017 (2) dt.28-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56517 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -MEDANICHOWK District- LAKHISARAI ======================================================

1. Santu Tanti Son of Nand Lal Tanti @ Nandan Tanti Resident of Village - Husaina, P.S. Medni Chowki, District - Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mednichowki Police Station Case No. 16 of 2017, disclosing offences under Sections 363, 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the occurrence is alleged to have taken place on 17.02.2017 whereas the F.I.R. has been lodged on 09.03.2017 after lapse of twenty days without explaining the plausible delay. The victim in her statement recorded under Section 164 of the Cr.P.C. has disclosed the

Patna High Court Cr.Misc. No.56517 of 2017 (2) dt.28-11-2017 name of co-accused Indal Tanti but has not stated anything about the petitioner, which is evident from annexure-2. Moreover, coaccused, Indal Tanti has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 35809 of 2017, which is evident from annexure-3. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Lakhisarai, in connection with Mednichowki Police Station Case No. 16 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T