Manohar Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48937 of 2023 Arising Out of PS. Case No.-8 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== MANOHAR TANTI Son of Jhotan Tanti Resident of Village - Shri Nagar, P.S.- Ghailad, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Kumar Singh For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023
1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Sourbazar P.S. Case No. 08 of 2020 dated 2.1.2020 registered for the offence punishable u/s 306, 341, 323, 342, 307, 302, 120B, 201 read with section 34 of the Indian Penal Code.
4. As per the prosecution case, the deceased was forcefully married with the daughter of the petitioner, however, the family members were not in support of the marriage. The
Patna High Court CR. MISC. No.48937 of 2023(2) dt.04-08-2023 2/3 petitioner and others were pressurizing for restoration of conjugal life and in that wake, the petitioner and other coaccused persons committed murder of the brother of the informant whose dead body was found hanging on a tree.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 3.9.2021 passed in Cr. Misc. No. 22542 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 9.5.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Saurbazar P.S. Case
Patna High Court CR. MISC. No.48937 of 2023(2) dt.04-08-2023 3/3 No. 08 of 2020.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T