Patna High CourtCR. MISC./57589/2018partly allowed disposal

Rama Tanti And ORS v. The State Of Bihar

2018-09-28Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57589 of 2018 Arising Out of PS.Case No. -122 Year- 2018 Thana -BIRAUL District- DARBHANGA ======================================================

1. Rama Tanti, S/o Lalit Tanti,

2. Lalit Tanti S/o Bechan Tanti @ Jagan Tanti,

3. Bechan Tanti @ Jagan Tanti S/o Late Subadh Tanti, All are R/o Vill.- Patania, P.S.- Biraul, District- Darbhanga. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Girish Chandra Jha, Advocate For the Opposite Party : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Biraul P. S. Case No. 122 of 2018 registered under Sections 376, 313, 341, 323, 504, 506 read with 34 of the Indian Penal Code and 3 and 4 of the Protection of Children from Sexual Offences Act.

Considering direct and specific allegation made against petitioner no. 1 Rama Tanti, who has established physical relationship with the minor daughter of the informant, I am not inclined to grant him pre-arrest bail. Accordingly, his application for pre-arrest bail is rejected.

Patna High Court Cr.Misc. No.57589 of 2018 (2) dt.28-09-2018 2/2 So far as petitioner nos. 2 and 3, namely, Lalit Tanti and Bechan Tanti @ Jagan Tani are concerned, since they have been made accused only due to the fact that they happened to be the relatives of petitioner no. 1, in the event of arrest or surrender before the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga in Biraul P. S. Case No. 122 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T