Patna High CourtCR. MISC./51484/2014rejected

Santosh Tanti And ANR v. The State Of Bihar

2015-06-29Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51484 of 2014 Arising Out of PS.Case No. -70 Year- 2014 Thana -BATH District- BHAGALPUR ======================================================

1. Santosh Tanti Son of Navin Tanti

2. Dhanno Tanti son of Satto Tanti Both resident of village - Dighi, Police Station - Bath, District - Bhagalpur .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjeev Ranjan For the Opposite Party : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-06-2015 Heard both sides.

Petitioners apprehend their arrest in connection with Bath P.S. case no. 70 of 2014 registered under Sections 354(B)/34 of the IPC and diverse provisions of the Scheduled Castes/ Scheduled Tribes (Prevention of atrocities) Act, 1989. The informant/victim is 15 years old girl . It has been alleged that while she was coming from Bazzar after purchase of potato these two petitioners forcibly embraced her with bad intention. She raised outcry which attracted the villagers whereafter they left her and fled away abusing her in the name of caste.

Contention of the petitioners is that there is no

Patna High Court Cr.Misc. No.51484 of 2014 (2) dt.29-06-2015 2/2 allegation that such forcible embracement was made with a view to disrobe her. The allegations are concocted. No case under Section 3(1) (x) of the Scheduled Castes/Scheduled Tribes (Prevention of atrocities) Act shall be made out considering the allegation levelled in the FIR.

Learned APP opposed the prayer and submitted that there is specific allegation of outraging the modesty of the girl against the petitioners.

Considering the allegation, I am not inclined to extend the privilege of anticipatory bail to the petitioners. Prayer for anticipatory bail is rejected.

(Kishore Kumar Mandal, J) Shyam/- U T