Nandlal Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46007 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== Nandlal Tanti SON OF LATE JAGDISH TANTI VILLAGE- UPER BHITTI, WARD NO. 6 PS- SABOUR, DIST- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad For the Informant :

Mr. Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024 dated 01.04.2024 registered for the offences punishable u/ss 341, 342, 323, 354 and 504 of the Indian Penal Code, section 37 of the Bihar Excise and Prohibition Act and section 8 of POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have took the informant's minor daughter to the nearest garden by enticing her and tried to molest her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.46007 of 2024(5) dt.05-02-2025 2/2 this case. There is no any specific allegation of sexual assault against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.04.2024.

5. Learned counsel for the Informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of molesting the victim.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T