Sintu Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62581 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- MANSURCHAK District- Begusarai ====================================================== 1.

SINTU TANTI Son of Sri Suraj Tanti Resident of village - Satha Chakka Ward No.- 8, P.S.- Mansurchak, District - Begusarai 2.

Mithun Tanti Son of Sri Suraj Tanti Resident of village - Satha Chakka Ward No.- 8, P.S.- Mansurchak, District - Begusarai 3.

Umesh Tanti Son of Sri Suraj Tanti Resident of village - Satha Chakka Ward No.- 8, P.S.- Mansurchak, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udbhav Mr. Shivam Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Binod Kumar No.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Mansurchak P.S. Case no.45 of 2022, registered for the offence punishable under Sections 363, 366(A), 504, 506/34 of the Indian Penal Code.

The prosecution story, in short is that when the daughters of the informant were going to attend coaching, the petitioners alongwith other accused persons kidnapped his younger daughter. It is alleged that when the informant went to make enquiry regarding the said occurrence, the accused persons abused and assaulted him.

Patna High Court CR. MISC. No.62581 of 2022(2) dt.12-01-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the informant and his family members took away the son of the petitioner, namely Mahesh Kumar Tanti for doing painting work and since then he is traceless. The petitioner has also filed a complaint case against the informant and thereafter the present case is lodged against the petitioners by the informant. It is submitted that the victim in her statement recorded u/s 161 Crpc and 164 Crpc has not supported the prosecution case. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected. Accordingly, this application is dismissed.

However, if the petitioners surrender before the learned

Patna High Court CR. MISC. No.62581 of 2022(2) dt.12-01-2023 3/3 court below within a period of four weeks from today, and seek for regular bail, learned court below shall pass the order same day, in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T