Lakshman Tanti @ Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51568 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- HASANPUR District- Samastipur ====================================================== LAKSHMAN TANTI @ LAKSHMAN KUMAR S/o Madan Tanti R/o village- Bari Mouji, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Hasanpur Police Station Case No. 106 of 2021, registered for the offences punishable under Section 304-B/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner allured the daughter of the informant and established physical relationship before marriage due to which the daughter of the informant became pregnant and after the intervention of the villagers and Punch, the marriage of the informant's daughter was solemnized with the petitioner on 09.05.2021 and after the marriage, the petitioner, along with other family members, started demanding dowry and upon

Patna High Court CR. MISC. No.51568 of 2021(3) dt.11-05-2022 2/3 protest by the daughter of the informant, the petitioner, along with other family members, killed her and her dead body was found lying in the courtyard of the house on 30.05.2021. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to family dispute and he has not committed any offence as alleged. He next submits that from perusal of the First Information Report, it would be evident that there is no allegation of torture and physical assault against the petitioner on the deceased. He next submits that the deceased was pregnant prior to the marriage and she has died due to excessive bleeding on account of her pregnancy.

He next submits that from perusal of the post mortem examination report, it would be evident that no external/internal injury has been found on the body of the deceased and the doctor has mentioned the cause of death as uterovaginal bleeding/hemorrhage, leading to cardio respiratory failure. He further submits that the petitioner is in custody since 01.06.2021 and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials

Patna High Court CR. MISC. No.51568 of 2021(3) dt.11-05-2022 3/3 on record and the opinion of the doctor regarding cause of death mentioned in the post mortem examination report, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Hasanpur Police Station Case No. 106 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √