Sikandra Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50697 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== SIKANDRA TANTI Son of Late Sitaram Tanti Resident of Village - Chandipur, P.S.- Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2022 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. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 304B read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons committed murder of the informant's daughter by administering poison to her due to non-fulfillment of demand of motorcycle as dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.50697 of 2022(2) dt.13-12-2022 2/2 case. There is general and omnibus allegation against the petitioner. It is further submitted that section under 304B in not applicable in this case. Learned counsel for the petitioner has further submitted that the alleged occurrence took place on 24.04.2021 but the F.I.R. has been lodged on 22.05.2021 without any explanation. The co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 02.11.2022 passed in Criminal Misc. No. 42435 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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, Nawada in connection with Warisaliganj P.S. Case No. 194 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T