Amar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83868 of 2023 Arising Out of PS. Case No.-447 Year-2023 Thana- Kharagpur District- Munger ====================================================== AMAR TANTI S/O DAKLU TANTI R/O VILLAGE- TEGHARA, P.SHAVELI KHARAGPUR, MUNGER. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

NEHA KUMARI W/O NITESH KUMAR, D/O PAPPU YAAV R/O VILLAGE- GANDHIPUR (BARIYARPUR), P.S- BARIYARPUR, DISTT.- MUNGER.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 366 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he was married to Neha Kumari on 23.06.2023 and after marriage on 07.07.2023, the informant along with Neha had gone to the market when Neha asked him to wait as she was going to the college. Thereafter, when she did not return for some time, the informant started calling her when she replied that she will come back within ten minutes and thereafter she

Patna High Court CR. MISC. No.83868 of 2023(9) dt.26-10-2024 2/3 stopped picking up the phone. It is next alleged that Neha was in relationship with the petitioner prior to marriage and on 07.07.2023, the petitioner fled away with Neha who was wearing jewellery and was carrying Rs.25,000/-.

4. Learned counsel submits that notices were issued on the informant but then from perusal of order no. 3, it would manifest that the same records that opposite party no. 2 was not present and his father refused to accept the notice.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on suspicion that petitioner was having relationship with his wife prior to marriage. It is further submitted that after Neha was married to the informant, petitioner never came in contact with her. It is next submitted that the father of the opposite party no. 2 refused to accept the notice that amply demonstrates that informant is not interest in pursuing the case.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.83868 of 2023(9) dt.26-10-2024 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kharagpur P.S. Case No. 447 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T