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Patna High CourtCR. MISC./27504/2024bail granted

Sanoj Tanti v. The State Of Bihar

2024-04-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27504 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Sanoj Tanti son of Banarsi Tanti Village- Mahuwa Garh Ps- Laxmipur DistJamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Binod Yadav son of Rajendra Yadav Village- Bhunimahdar Ps- Laxmipur Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laxmipur P.S. case No. 525 of 2023 instituted for the offences under Sections 341, 323, 363, 366A, 511, 504, 506, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that when the informant was at his home, accused persons came on motorcycle and attempted to kidnap his daughter and they also tried to bring her on motorcycle but two accused persons including the petitioner were caught by the villagers and later handed over to the police.

Patna High Court CR. MISC. No.27504 of 2024(2) dt.10-04-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. There is no medical report available on record in this case and, in fact, the informant has filed an application that they do not want medical examination of the daughter. No incriminating article has been recovered from the conscious possession of the petitioner. In Section 161 Cr.P.C. statement, the victim has not supported the prosecution case. Learned counsel further submitted that cognizance has been taken against the petitioner under Sections 341, 323, 354B, 504, 506, 363, 366A, 511, 34 of the Indian Penal Code and Section 8 of the POCSO Act. The coaccused person has already been granted bail by this Court vide order dated 18.03.2024 passed in Cr. Misc. No. 19971 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.11.2023 and has six criminal antecedents but he is on bail in all the cases.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.27504 of 2024(2) dt.10-04-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laxmipur P.S. case No. 525 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T