Gautam Tanti @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21626 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- JAMALPUR District- Munger ====================================================== GAUTAM TANTI @ GAUTAM KUMAR Son of Late Ganesh Tanti Resident of Village - Ramchandrapur, P.S.- Jamalpur, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarkeshwar Pd. Verma For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with POCSO Case No. 15 of 2021 arising out of Jamalpur P.S. Case No. 19 of 2021 registered for the offences punishable under Sections 354(B) of the Indian Penal Code and under Section 8/12 of the POCSO Act.

As per prosecution case, accusation against the petitioner is that he took the informant's daughter at lonely place and tried to commit wrong with the informant's daughter. Learned counsel for the petitioner submits that petitioner is in custody since 08.09.2021. Petitioner bears no

Patna High Court CR. MISC. No.21626 of 2022(4) dt.26-09-2022 2/2 criminal antecedent. Learned counsel further submits that petitioner and informant are next door neighbors. The occurrence took place on 21.01.2021 and the F.I.R. was lodged on 25.01.2021, there is inordinate delay in lodging the F.I.R. without giving any proper explanation.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. He has submitted that there is specific allegation against the petitioner that the petitioner tried to commit wrong with the victim girl and same is supported and corroborated by the statement under Section 164 of the Cr.P.C. Considering the facts and circumstances of the case, nature of accusation, same is coupled with statement under Section 164 of the Cr.P.C. as well as materials available on record, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for bail of the present petitioner stands rejected. However, learned trial court is directed to conclude the trial expeditiously.

(Alok Kumar Pandey, J) amitkr/- U