Rohit Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32827 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== ROHIT TANTI Son of Mishri Tanti Resident of Village- Neuri, P.S.- Biraul, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Navnit Kumar For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Biraul P.S. Case No. 14 of 2020, registered for the offence punishable under Sections 341, 354(B), 506, 509 and 34 of the Indian Penal Code and section 8/12 of the POCSO Act.
Accusation against this petitioner is that he along with co-accused Pappu Tanti took the minor grand daughter of the informant with bad intention. When informant raised alarm, they fled away.
It is submitted on behalf of the petitioner that petitioner is agnate of the informant and present case has been
Patna High Court CR. MISC. No.32827 of 2020(3) dt.21-12-2020 2/3 lodged by the informant with exaggerated story due to land dispute. There is no allegation of sexual assault. Similarly situated co-accused Pappu Tanti has been granted bail by a coordinate Bench of this court vide order dated 02.09.2020 passed in Cr. Misc. No. 20577 of 2020. Charge sheet has already been submitted. Petitioner is in custody since 29.02.2020 having no criminal antecedent as stated in para 3 of the petition. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga in connection with Biraul P.S. Case No.
14 of 2020 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court CR. MISC. No.32827 of 2020(3) dt.21-12-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T