Gobind Tanti @ Gobind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66971 of 2022 Arising Out of PS. Case No.-558 Year-2019 Thana- BARH District- Patna ====================================================== Gobind Tanti @ Gobind Kumar S/O Balmiki Tanti R/O Village- Goddi, P.SLakhisarai, District- Lakhisarai, At present resident of Bhwani Chak Barh, P.S- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 18.07.2022 in connection with Barh P.S. Case No. 558 of 2019, F.I.R. dated 15.11.2019 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

According to prosecution case, the petitioner along with other accused persons have murdered the sister of the informant due to non-fulfillment of demand of dowry of Rs. 50,000/- and a motorcycle.

Patna High Court CR. MISC. No.66971 of 2022(4) dt.01-05-2023 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis that the petitioner is the husband of the deceased. He further submits that the allegation as alleged in the F.I.R. is false and fabricate and the petitioner has no concern at all with the offences as alleged in the F.I.R. He further submits that the injury report of the deceased aslo does not support the allegation as alleged in the F.I.R. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 18.07.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- I, Barh, District- Patna in connection with Barh P.S. Case No. 558 of 2019, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.66971 of 2022(4) dt.01-05-2023 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T