Dinesh Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27515 of 2022 Arising Out of PS. Case No.-600 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Dinesh Tanti S/O Late Ganeshwar Tanti, R/O Village- Maheshamunda, P.S.- Kahalgaon, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kahalgaon P.S. Case No. 600 of 2021 lodged under Sections 341, 323, 307, 324, 325 and 354(B) of the I.P.C. As per prosecution case, there is direct allegation against the petitioner is to assault the wife of informant as well as outrage her modesty, upon oppose the allegation of abuse and assault on her mouth, neck and facial part of the wife of the informant. In result the wife of the informant faint and she was admitted to hospital, doctor has referred her to Bhagalpur and due to this reason, delay in filing of the F.I.R. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27515 of 2022(5) dt.07-12-2022 2/2 petitioner is innocent and has committed no offence. Counsel further submits that the date of occurrence is 24.08.2021 but F.I.R. has been filed on 11.09.2021 i.e. delay of about 17 days. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 12.09.2021. Upon specific query that whether charge has been framed or not, counsel submits that as per his knowledge, charge has not been framed. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail application is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after 3 months of framing of charge and Trial Court is directed to release the petitioner on bail imposing its own conditions so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ravishankar/- U T