Dhaneshwar Prasad Tanti @ Dhaneshwar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54349 of 2017 Arising Out of PS.Case No. -182 Year- 2017 Thana -BAKHRI District- BEGUSARAI ====================================================== Dhaneshwar Prasad Tanti @ Dhaneshwar Tanti Son of Late Uchit Tanti, R/o Village- Udanchak Ratan, P.S.- Bakhari, District- Begusarai at presently posted as an Assistant teacher in Middle School, Ratan , BlockBakhari, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2017 Heard the counsels for the parties.

The petitioner seeks bail in connection with Sessions Trial No. 497 of 2017 arising out of Bakhari P.S. Case No. 182 of 2017 dated 03.07.2017 instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

The brother of the informant was found dead in the house of one Mahesh Tanti. It has been alleged in the FIR that for the last one year, the deceased (brother of the informant) had been in an affair with the daughter of aforesaid Mahesh Tanti. As such, the informant has suspected that the deceased was killed by the petitioner who is the brother of aforesaid Mahesh Tanti and two others viz. Ramvikas Kumar and Nilam Devi (wife of Mahesh Tanti). During the course of investigation, the same story has surfaced namely the deceased being in some kind of affair with Nisha, the daughter of Mahesh Tanti which was objected to by the

Patna High Court Cr.Misc. No.54349 of 2017 (3) dt.06-12-2017 family members of Mahesh Tanti. The cause of the death is stated to be assault by hard and blunt substance as also by a sharp cutting weapon.

The petitioner is in custody since 10.07.2017. Learned counsel for the informant has submitted Nilam Devi, a co-accused, in her statement before the police has supported the prosecution case and has stated that with the help of the petitioner, the deceased was done to death. This is only a confession of a co-accused.

In the trial, only one prosecution witness has been examined up till now.

Regard being had to the aforesaid fact, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Vth, Begusarai in connection with Bakhari P.S. Case No. 182 of 2017.

However, it is made clear that the petitioner shall participate in the trial and his unauthorized absence from the trial court on three consecutive occasions would entitle the state to proceed for cancellation of bail of the petitioner. (Ashutosh Kumar, J) KKSINHA/- U T