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Patna High CourtCR. MISC./31544/2019bail granted

Mukesh Tanti v. The State Of Bihar

2019-08-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31544 of 2019 Arising Out of PS. Case No.-350 Year-2018 Thana- AMARPUR District- Banka ====================================================== MUKESH TANTI, S/o Late Brahmdeo Tanti, R/o village- Fatepur, P.S.- Amarpur, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhakar Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Amarpur P.S. Case No.350 of 2018 instituted for the offence under Section(s) 304-B/34 Indian Penal Code.

Counsel for the petitioner submits that petitioner is husband of the deceased.

In the written report, it is alleged that daughter of the informant, Jyoti Kumari, was married with petitioner on 03.06.2017. She was living in her Sasural. She was tortured in her Sasural by this petitioner and other family members. The informant received information on 02.07.2018 that her daughter has been killed by her husband and other family members. Case diary has been received.

Learned APP after looking into case diary has

Patna High Court CR. MISC. No.31544 of 2019(4) dt.30-08-2019 2/2 submitted that there is no eye witness to the occurrence. In the postmortem report, doctor has not given any definite opinion about cause of death. Several visceras have been preserved. Petitioner is in custody since 10.07.2018.

Keeping in view the period of custody and the fact that there is no specific allegation against petitioner, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-IV, Banka, in connection with Amarpur P.S. Case No.350 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T