Rohit Kumar @Rohit Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38042 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- CHANDAN District- Banka ====================================================== Rohit Kumar @Rohit Kumar Tanti S/O Indradev Tanti R/O VillageSindhudih, P.S. Chandan, District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Devi W/O Late Bhawani Tanti R/O Village-Sindhudih, P.S.- Chandan,Distt-Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Pandey, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 156 of 2024 arising out of Chandan (Anandpur) P.S. Case No. 166 of 2023 registered for the offence punishable under Sections 376, 379, 419, 420 / 34 of the IPC.

3. As per the prosecution case, the petitioner is said to have committed rape upon the victim.

4. Initially, a complaint case was filed by the informant against the petitioner and other family members. The complainant is the widow of the elder brother of the petitioner. The other accused persons are the in-laws of the complainant.

Patna High Court CR. MISC. No.38042 of 2024(8) dt.20-11-2024 2/2 The date of occurrence is from 11.12.2020 continuously till 11.02.2023. The date of complaint is 14.02.2023. It has been alleged in the complaint petition that the husband of the complainant had died and thereafter the petitioner had raped the complainant. The petitioner is in jail since 27.12.2023.

5. It has been submitted by the learned counsel for the petitioner that the complainant being the Bhabhi of the petitioner wanted to marry the petitioner and because of dispute in the family, a false complaint case has been filed.

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

7. Considering the period of custody, the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - 1st Banka in connection with Sessions Trial No. 156 of 2024 arising out of Chandan (Anandpur) P.S. Case No. 166 of 2023. (Sandeep Kumar, J) saurabhkr/- U T