Allowed

Deepak Tanti @ Deepak Kumar v. The State Of Bihar

Patna HC21 Nov 2016CR. MISC./41514/2016

Case brief

AI extract

What is this about?

This order grants bail to an accused brother of the deceased's husband in a murder case. The court distinguished between allegations of killing and mere concealment of the body, finding no evidence the petitioner participated in the murder itself.

What did the court decide?

Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to the CJM, Nalanda.

Deepak Tanti @ Deepak Kumar Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41514 of 2016

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Arising Out of PS.Case No. -162 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== 1. Deepak Tanti @ Deepak Kumar son of Preman Tanti resident of VillageAmber, Sharistal, Post- Biharsharif, P.S.- Bihar, District- Nalanda. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 21-11-2016 Heard both sides. The petitioner seeks bail in Bihar P.S. case No. 162 of 2016 under Section 302 and other Sections of the Indian Penal Code.

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The informant, mother of the deceased, alleged that she went to the house of her daughter when she could not be able to contact her daughter and found the petitioner and seven others sitting on the roof. They disclosed that her daughter was inside the room. The informant saw her daughter lying on the bed. She was dead. The accused persons stopped the informant from informing the police and they took away the dead body of deceased and concealed the same in a maize field.

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Patna High Court Cr.Misc. No.41514 of 2016 (3) dt.21-11-2016

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The learned counsel for the petitioner submits that petitioner is brother of Anandi Tanti, the husband of deceased. The deceased was strangulated to death. There is no external injury. None of the witnesses stated that petitioner participated in the murder of the deceased. The petitioner is made accused only because he happens to be brother of the husband of the deceased.

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On the other hand, the learned counsel for the informant as well as the learned Additional Public Prosecutor, vehemently, opposed the prayer for bail and submitted that from perusal of paragraph 3 of the case diary it would appear that police official after receiving information about the death of a woman came and apprehended Anandi Tanti and the petitioner. The petitioner is said to have disclosed along with Anandi Tanti that they killed the deceased and concealed her dead body. On such, the dead body of the deceased was recovered from a maize field situated behind the house of petitioner.

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It appears that petitioner is brother of the husband of the deceased. The deceased got only one ligature mark around her neck. There is no evidence on record to show that petitioner also participated in the murder of the deceased. The petitioner is in jail since 27.04.2016.

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Considering the facts aforesaid and the nature of

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Patna High Court Cr.Misc. No.41514 of 2016 (3) dt.21-11-2016

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allegation made against the petitioner, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Nalanda at Biharsharif in Bihar P.S. Case No. 162 of 2016.

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(Prabhat Kumar Jha, J)

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BKS/-

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U T

Deepak Tanti @ Deepak Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Tanti @ Deepak Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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