Santosh Kumar Tatma @ Santosh Kr. Tatma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65531 of 2021 Arising Out of PS. Case No.-86 Year-2015 Thana- SIKTI District- Araria ====================================================== SANTOSH KUMAR TATMA @ SANTOSH KR. TATMA S/o Jagarnath Tatma Resident of Village- Jagir Pipra, P.S.- Sikty, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sikty (Bardaha) P.S. Case No. 86/2015 registered for the offences punishable under Sections 304B, 34 of the Indian Penal Code. As per prosecution case, there is accusation against the petitioner and others to commit murder of informant's sister due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is brother-in-law of the deceased and he was living separately from the deceased and her husband. There is general and omnibus allegation the petitioner. The petitioner is languishing in custody since 27.08.2021 and bears no criminal

Patna High Court CR. MISC. No.65531 of 2021(4) dt.30-08-2022 2/3 antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was living separately from the deceased as submitted, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria in connection with Sikty (Bardaha) P.S. Case No. 86/2015, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.65531 of 2021(4) dt.30-08-2022 3/3 without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T