Indradev Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25761 of 2022 Arising Out of PS. Case No.-49 Year-2020 Thana- ISHIPUR District- Bhagalpur ====================================================== INDRADEV TANTI S/o Late Rihabe Tanti R/o village- Futahachak, P.S.- Isipur Barahat, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Isipur (Barahat) P.S. Case No. 49/2020, registered for the offence punishable under Sections 304(B)/201/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein, who is the father-in-law of the deceased victim lady, having killed the sister of the informant on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.25761 of 2022(3) dt.24-01-2023 2/3 been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 25.9.2021. The learned counsel for the petitioner has further submitted that the petitioner is the father-in-law of the deceased victim lady and he has got nothing to do with the alleged incident. It is also submitted that the petitioner was staying separately from his son and the deceased victim lady, hence, he has got no complicity in the alleged occurrence. Moreover, it is submitted that the husband of the deceased victim lady, who might be the main accused in the present case, is already in custody and in fact, the petitioner had 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, however, on account of nonfurnishing of bail bonds in time, the petitioner could not avail the privilege of anticipatory bail. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.25761 of 2022(3) dt.24-01-2023 3/3 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 available on record as also considering the fact that the husband of the deceased victim lady is already in custody, hence, no prejudice would be caused to the prosecution, in case bail is granted to the petitioner, who is the father-in-law of the deceased victim lady, 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 ACJM 10th Bhagalpur in connection with Isipur (Barahat) P.S. Case No. 49 of 2020.

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