Nitu Tanti @ Mithilesh Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32303 of 2020 Arising Out of PS. Case No.-191 Year-2019 Thana- SANGRAMPUR District- Munger ====================================================== NITU TANTI @ MITHILESH TANTI S/O Brahmadev Tanti Resident of Village - Karikol Poria (Jhunjhunia), P.S. - Sangrampur, District - Munger. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ram Sevak Choudhary, Advocate For the Opposite Party :
Mr. Binod Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-12-2020 Heard Mr. Ram Sevak Choudhary, learned counsel appearing on behalf of the petitioners and Mr. Binod Kumar No.2, learned Additional Public Prosecutor, for the State of Bihar.
This application for grant of regular bail arises out of Sangrampur P.S. Case No. 191 of 2019, registered for the offence punishable under Section 341, 323, 354(B), 456, 376, 506, 509 of the Indian Penal Code.
The alleged victim is said to be 70 years old. It is alleged in the First Information Report that she was subjected to commission of rape three times within one year by this petitioner.
I have carefully perused the First Information Report. According to her, every time after she was subjected to rape, she used to complain against the petitioner before the villagers, but
Patna High Court CR. MISC. No.32303 of 2020(2) dt.08-12-2020 2/3 none of the villager came in her support and aid. The First Information Report appears to have been prepared by a well educated person and bears the thumb impression of the informant. The manner in which the case of the prosecution has been narrated in the First Information Report does not inspire much confidence. False implication of the petitioner for ulterior reason cannot be ruled out. The petitioner is in custody since 25.05.2020.
Considering the above, this application is allowed. Let the petitioner, above named, be released 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 S.D.J.M., Munger, in Sangrampur P.S. Case No. 191 of 2019.
It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.
Since COVID-19 pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be
Patna High Court CR. MISC. No.32303 of 2020(2) dt.08-12-2020 3/3 communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T