Pramod Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15324 of 2021 Arising Out of PS. Case No.-24 Year-2019 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Pramod Tanti Son Of Laxman Tanti @ Leshaman Tanti Resident Of Village - Rani Talab, P.S. - Zero Mile, District - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party :

Mr.SN Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Bhagalpur Mahila Police Station Case No. 24 of 2019 registered for the offences punishable under section 376D and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner was the tenant of the informant who was a widow. He established physical relationship on the false assurance of marriage, but later on he refused to do so and took her to his employer on the plea that whatever he would decide, he would abide by it where she was raped by other accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case by the informant to pressurize him to vacate her house.

Patna High Court CR. MISC. No.15324 of 2021(3) dt.01-09-2021 2/2 Medical report also does not support the prosecution case. He submits that though the incident is said to have taken place on 14.04.2019 but the FIR was lodged on 16.04.2019 for which there is no explanation of delay. It is also the case of the petitioner that during investigation witnesses have not supported the prosecution case. Moreover, call details report suggests that at the relevant time, informant was staying away from her house. Police after investigation submitted final form against co-accused Niranjan Kumar Agrawal. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 18.6.2020.

Learned counsel for the State opposes the prayer for bail.

In view of the specific allegation against the petitioner of establishing physical relation on the pretext of marriage, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T