Prashant Kumar @ Mithun Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44864 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Prashant Kumar @ Mithun Tanti S/O Dinesh Tanti R/O Village-Ward No. 1, Madhurapur, Chhoti Balia, P.S.- Ballia, District-Begusarai. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party :

Mr. Surendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, brother-in-law of the victim, after selling the ancestral house at Balia Bazar, had kept the entire sale proceeds with himself and when the share was demanded by the wife of the petitioner, said brother-in-law and his daughters thrashed her and killed her by putting rope

Patna High Court CR. MISC. No.44864 of 2021(2) dt.03-02-2022 2/3 around her neck.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that the petitioner has not been named in the FIR, rather his brother and his daughters are named therein with the specific allegation of thrashing and killing the informant's daughter. It is also submitted that no evidence has been collected during course of investigation to the effect that the petitioner was even present on the place of occurrence at the relevant time. Petitioner is in custody since 10.3.2021. Investigation is complete.

Learned counsel appearing for the State and the informant oppose the prayer for bail. They submit that the petitioner is the husband of the deceased and he too was in connivance with other accused persons in killing of the informant's daughter.

Considering the aforesaid facts and circumstances of the case and the fact that there is no direct or indirect allegation of any overt act against the petitioner, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44864 of 2021(2) dt.03-02-2022 3/3 satisfaction of the Chief Judicial Magistrate, Aurangabad in Ballia Police Station Case No. 19 of 2021.

(Prabhat Kumar Singh, J) Shashi U T