Fulchand Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9006 of 2022 Arising Out of PS. Case No.-566 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== Fulchand Tanti Son Of Ganuri Tanti R/O Village- Olapur, P.S.- Kahalgaon (GHOGA), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 376, 323, 341, 307, 504, 506 and 34 of the Indian Penal Code. The prosecution case, in short, is that informant has alleged that on 29.08.2021 at 08:00 pm, when she came for nature of call, Raj Kumar Tanti forcefully caught and on the point of pistol, he threatened her and committed rape and thereafter for saving her brother-in-law came there and caught Raj Kumar Tanti. Thereafter, the family members of Raj Kumar Tanti including the petitioner who is the father of Raj Kumar Tanti came there and taken away him from her house. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.9006 of 2022(2) dt.20-07-2022 2/2 petitioner is innocent and he has been falsely implicated in this case. Further, it is submitted that the husband of the informant lodged another F.I.R (Annexure-2) dated 14.09.2021 for offences punishable under Section 366 against Raj Kumar Tanti, S/o Fulchand Tanti. The petitioner is the father of Raj Kumar Tanti therefore, he has been made accused in the present case. It is also submitted that there is love affairs between Raj Kumar Tanti and informant namely, Nitu Devi. The petitioner is in custody since 10.12.2021, charge-sheet has been submitted in the case and has antecedent of one case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned C.J.M, Bhagalpur in connection with Kahalgaon (Ghoga) P.S. Case No. 566 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T