Shashi Kumar Tanti @ Posh Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24014 of 2015 Arising out of PS.Case No. -5 Year- 2015 Thana -MAHILA P.S. District- MUNGER ====================================================== Shashi Kumar Tanti @ Posh Tanti, Son of Late Baldev Tanti, resident of village - Naya Gaon, Durga Asthan, P.S. East Colony, Jamalpur, District - Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjiv Kumar Singh, Advocate. For the Opposite Party : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 The petitioner is languishing in custody since 08.04.2015 in connection with Sadar Mahila P.S. Case No. 05 of 2015 for the offences instituted under Sections 376(ii) of the I.P.C. and 4/6 of the POSCO Act.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that since December, 2014 this petitioner has been making rape with the granddaughter(maternal) of the informant. On 06.04.2015 when the informant was searching her daughter, she reached at roof and found this petitioner was making rape with her grand-daughter. She rescued her grand-daughter from this petitioner and reached at the police station. It is further alleged that her grand-daughter told

Patna High Court Cr.Misc. No.24014 of 2015 (2) dt.06-07-2015 her that this petitioner has been making rape with her providing with Chocolate or money.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that as per the F.I.R. the victim was in physical relation with the petitioner since December, 2014 but the present case was instituted on 07.04.2015 and for the said delay no explanation has been made on behalf of the prosecution and hence the prosecution story appears to be doubtful. It is further submitted that the petitioner is in custody since 08.04.2015. It is further submitted that the petitioner may be released on bail after completion of six months in custody.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on bail after completion of six months in custody from 08.04.2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge POSCO-cumAdditional Sessions Judge-1, Munger, in connection with Sadar Mahila P.S. Case No. 05 of 2015.

(Sudhir Singh, J) U.K./- U T