Sitaram Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64579 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.
Sitaram Tanti S/o- Naresh Tanti @ Late Mahavir Tanti village - Narga, Dicruze Lane, P.S. -Nathnagar, Dist. - Bhagalpur 2.
Sita Devi W/o- Sitaram Tanti village - Narga, Dicruze Lane, P.S. -Nathnagar, Dist. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Davendra Kumar Pandey For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Nathnagar P.S. Case No. 152 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 96, 352, 3(5) of B.N.S.
3. As per prosecution case, informant's daughter has been taken away by co-accused Karan Tanti. It is further alleged that when informant went to the house of co-accused, petitioners and other abused the informant and started assaulting by pelting bricks and stones. It is further alleged that informant's uncle was assaulted by means of iron rod.
Patna High Court CR. MISC. No.64579 of 2025(2) dt.17-09-2025 2/3
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR. Petitioner nos. 1 and 2 are grandfather and grandmother of the co-accused Karan Tanti and they have falsely been implicated in the case just because they are the relatives of the co-accused Karan Tanti. There is no specific overt-act against the petitioners. Learned counsel submits that victim is major as she has already crossed the age of majority. It is submitted that victim has fled away voluntarily with her own choice. Learned counsel submits that victim has made her statement under Section 183 of B.N.S.S in which she has clearly stated that she has performed her marriage with co-accused Karan Tanti and both are living their conjugal life. Petitioners have nothing to do with the alleged occurrence and they have no say in the family affairs of the said co-accused. Apart from that , petitioners bear no criminal antecedent.
5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners and submits that there is allegation against the petitioners in the FIR and they cannot escape from the liability of allegation as alleged in the FIR.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.64579 of 2025(2) dt.17-09-2025 3/3 case, keeping in view clean antecedent of petitioners, petitioners being grandfather and grandmother of the co-accused having no say in family affairs of the co-accused, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge XVI, Bhagalpur in connection with Nathnagar P.S. Case No. 152 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.
(Alok Kumar Pandey, J) vashudha/- U T