Mantosh Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20677 of 2022 Arising Out of PS. Case No.-312 Year-2021 Thana- ALOULI District- Khagaria ====================================================== MANTOSH TANTI Son of Thithar Tanti @ Thikar Tanti Resident of village - Bahadurpur, P.S.- Alauli (Bahadurpur), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Alauli P.S. Case No. 312 of 2021, dated 18.08.2021 (S.T. NO. 291 of 2021), registered for the offences punishable under Section 302 of the Indian Penal Code.

Prosecution case as emerges from the F.I.R. is that the sole accused-petitioner had thrown his seven months daughter to the ground resulting into her death in course of her treatment. This allegation has been made by wife of the accused and mother of the deceased.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.20677 of 2022(3) dt.08-09-2022 2/3 the petitioner is innocent and has falsely been implicated in this case. He further submits that he had no intention of killing her own daughter and the death of the deceased is there in course of treatment.

The petitioner has been languishing in jail since 28.08.2021.

It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated in paragraph no. 3 of the petition that the petitioner has no criminal antecedent. However, the learned APP for the State vehemently opposes the prayer for bail submitting that this is a gruesome offence committed by the accused-petitioner, who had caused death of his seven months old daughter by throwing her to ground fully knowing that such an act is going to cause her death.

Considering the allegation and nature of the offence, I am not persuaded to enlarge the petitioner on bail. The prayer for bail is accordingly rejected.

Patna High Court CR. MISC. No.20677 of 2022(3) dt.08-09-2022 3/3 At this stage, learned counsel for the petitioner submits that charge-sheet in this case has been submitted and charge has already been framed and prays for speedy trial.

Ld. Trial Court is requested to ensure that there is no unnecessary delay in conclusion of the trial. The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) ashishkr/- U T