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Patna High CourtCR. MISC./42672/2015bail granted

Randhir Tanti v. The State Of Bihar

2015-10-09Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42672 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -MAHILA P.S. District- BHAGALPUR ====================================================== RANDHIR TANTI, SON OF SUKHDEO TANTI, RESIDENT OF VILLAGE - NARGA CHOWK, DIKNUS LANE, P.S. - NATH NAGAR, DISTRICT - BHAGALPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. S.N Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhagalpur Mahila P.S. Case No. 34 of 2015, registered under Sections 341, 323, 354(B), 506 and 385/34 of the Indian Penal Code.

The allegation is that informant/complainant, Jhuna Devi, widow of Jitan Tanti, came to her house after worship on 20.05.2015, in the way, petitioner made attempt to commit rape on her but anyhow she saved herself. Petitioner wants to perform marriage with the informant. On 27.05.2015, petitioner, his wife Seema Devi and his Bhabhi Topi Tanti reached at the Dairy, office

of the informant, and abused her. On 03.06.2015, petitioner along with others named in the F.I.R. assaulted her giving threatening with dire consequences, if she could not perform the marriage with the petitioner.

Learned counsel for the petitioner submits that, late Jitan Tanti, husband of the informant, and the petitioner were friends and after death of Jitan Tanti, informant used to reside in the house of petitioner for safety purpose as at the time of death, husband of the informant asked to take care the informant and his family. It is further submitted that informant used to do the work in the dairy and she came at late night from her office and due to bad rumor in the society, petitioner made protest about late coming of the informant due to that reason this false case has been lodged against the petitioner and his family members. It is further submitted that regarding the same occurrence dated 20.05.2015, wife of the petitioner had lodged a complaint case bearing Complaint Case No. 1150 of 2015 against the informant on 29.05.2015 due to that reason the present case has been lodged on the basis of written report on 04.06.2015 regarding the occurrence dated 20.05.2015 after 15 days.

Considering the aforesaid submissions, let the above named petitioner, be released on bail, in the event of his arrest or

surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bhagalpur, in connection with Bhagalpur Mahila P.S. Case No. 34 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T