Chandan Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32412 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

Chandan Kumar Tanti Son of Indradev Tanti Resident of VillageFutahachak, P.S.- Isipur Barahat, District- Bhagalpur. 2.

Sulekha Devi Wife of Chandan Kumar Tanti Resident of VillageFutahachak, P.S.- Isipur Barahat, District- Bhagalpur. 3.

Indradev Tanti Son of Late Rihabe Tanti Resident of Village- Futahachak, P.S.- Isipur Barahat, District- Bhagalpur.

4.

Punam Devi @ Phulan Devi Wife of Indradev Tanti Resident of VillageFutahachak, P.S.- Isipur Barahat, District- Bhagalpur. 5.

Matru Tanti Son of Sakul Tanti Resident of Village- Thakur Gangti, P.S.- Thakur Gangti, District- Godda.

6.

Sulochna Devi @ Mina Devi Wife of Matru Tanti Resident of VillageThakur Gangti, P.S.- Thakur Gangti, District- Godda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioners :

Mr. Rajive Ranjan Singh, Advocate For the State :

Ms. Anita Kumari Singh, APP For the Informant :

Mr. Indeshwari Prasad Mandal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in Isipur

Patna High Court CR. MISC. No.32412 of 2021(2) dt.27-01-2022 2/3 (Barahat) P.S. Case No.49 of 2020, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

The petitioners are said to have killed the sister of the informant for non-fulfillment of demand of additional dowry. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that all the family members have been made accused in this case. It is submitted that no specific overt act is alleged against the petitioners. The petitioners have got no criminal antecedent as stated in para 3 of the bail application. It is also submitted that the husband of the decease is in custody since 14.08.2020.

Learned APP for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioners and submitted that prayer for anticipatory bail of similarly situated accused person has already been rejected by this Court.

Taking into consideration the facts that there is general and omnibus allegation against the petitioners and husband of the deceased is already in custody, let petitioners, above named, in the event of their arrest or surrender before the

Patna High Court CR. MISC. No.32412 of 2021(2) dt.27-01-2022 3/3 learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 10th, Bhagalpur in connection with Isipur (Barahat) P.S. Case No.49 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T