Patna High CourtCR. MISC./45467/2021rejected

Prakash Tanti @ Rijay Tanti v. The State Of Bihar

2022-02-23Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45467 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Prakash Tanti @ Rijay Tanti, aged about 50 years (Male), Son of Late Munilal Tanti Resident of Village - Shrighana, P.O. and P.S.- Kajra, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Lakhisarai Mahila P.S. Case No. 13 of 2021 registered for the offences punishable under Sections 376A, B of the Indian Penal Code and Section 4/6 of the POCSO Act.

The prosecution case, in short, is that the minor daughter of the Informant, namely, Babli Kumari, aged about 7 years, was taken to Charkahi Bahiyar by the petitioner where he committed penetrative sexual assault with her. After sometime, the victim girl felt pain in her private parts whereafter the Informant came to know the whole incident from her daughter and lodged the case on 22.03.2021.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.45467 of 2021(3) dt.23-02-2022 2/2 petitioner has clean antecedent. He further submits that the petitioner has committed no offence as alleged and he has falsely been implicated in the present case only due to village politics.

Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. He submits that the victim girl namely Babli Kumari, aged about 7 years, has categorically stated in the statement made under Section 164 Cr.P.C. that the petitioner has committed rape upon her. Considering the aforesaid facts and circumstances, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial.

(Rajesh Kumar Verma, J) rishi/- U T