Hemant Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48732 of 2019 Arising Out of PS. Case No.-41 Year-2016 Thana- MAHILA PS District- Jamui ====================================================== Hemant Tanti, Son of Late Tilak Tanti, Resident of Village - Baghandhar (Kurwatar), P.s.- khaira, Dist.- Jamui.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Anita Devi, Wife of Late Mundeo Tanti, Resident of Village - and P.S.- Malaypur, Dist.- Jamui.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2019 This is an application for grant of anticipatory bail in connection with Jamui Mahila P. S. Case No. 41 of 2016, disclosing offences under Sections 323, 341, 369, 498A, 34 of the IPC.

In this case earlier notice was issued to the opposite party no.2. As per service report the ordinary notice disclosed that she has not met and, as such, the notice was hung at the door and undelivered registered cover has returned without any report of postal receipt. It appears that the petitioner has sent the notice on the address given in the F.I.R.

Petitioner happens to be the husband of the opposite party no.2-informant. As per F.I.R. there is allegation against the

Patna High Court CR. MISC. No.48732 of 2019(3) dt.01-10-2019 2/2 petitioner that he has solemnized the second marriage with the opposite party no.2-informant and she was subjected to torture and assault and he has also taken away the son of the informant. Submission of the learned counsel for the petitioner is that as a matter of fact, she left the house leaving behind the petitioner and the son and daughter of the petitioner with the informant are residing with the petitioner. Further submission is that allegation is false and concocted.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned S.D.J.M. Jamui, in connection with Jamui Mahila P. S. Case No. 41 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T