Wakil Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24767 of 2022 Arising Out of PS. Case No.-49 Year-2020 Thana- ISHIPUR District- Bhagalpur ====================================================== WAKIL TANTI Son of Late Doman Tanti @ Late Ritavi Tanti Resident of Village - Futahachak, P.S.- Ishipur (Barahat), District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Sessions Trial No. 43 of 2022, arising out of Ishipur (Barahat) P.S. Case No. 49 of 2020, registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

The allegation is regarding the sister of the informant having been killed by the accused persons on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.24767 of 2022(3) dt.19-01-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 27.09.2021. It is further submitted that the petitioner is a covillager of the in-laws of the deceased victim lady and he has got nothing to do with the alleged incident and in fact, similarly situated coaccused persons have already been granted the privilege of anticipatory bail by a coordinate Bench of this Court, vide order dated 27.1.2022, passed in Criminal Miscellaneous No. 32412 of 2021.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by a coordinate Bench of this Court, apart from the

Patna High Court CR. MISC. No.24767 of 2022(3) dt.19-01-2023 3/3 fact that the petitioner is a co-villager of the inlaws of the deceased victim lady and he has got nothing to do with the alleged incident, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-10th, Bhagalpur in connection with Sessions Trial No. 43 of 2022, arising out of Ishipur (Barahat) P.S. Case No. 49 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T