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Patna High CourtCR. MISC./51614/2021dismissed

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

2022-02-16Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51614 of 2021 Arising Out of PS. Case No.-142 Year-2021 Thana- JAMUI District- Jamui ====================================================== 1.

MUKESH KUMAR TANTI @ MUKESH KUMAR Son of Kanhai Tanti Resident of Village - Kalyanpur, P.S.- Jamui, District - Jamui 2.

Rupesh Tanti @ Rupesh Kumar Tanti @ Radhey Tanti Son of Kanhai Tanti Resident of Village - Kalyanpur, P.S.- Jamui, District - Jamui ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Narsingh Tanti For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-02-2022 Heard both the parties through video conferencing. The petitioners seek bail in anticipation of their arrest in connection with Jamui P.S. Case No.142 of 2021 instituted for the offences under Sections 366 and 376 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners cannot be said to have committed rape as two brothers do not jointly commit rape on a female. Learned counsel submits that the prosecutrix has changed her version later on.

Taking into consideration that the prosecutrix has herself filed a complaint before the court, which has been

Patna High Court CR. MISC. No.51614 of 2021(2) dt.16-02-2022 2/2 recovered to be registered as an F.I.R., I am not inclined to grant benefit of anticipatory bail to the petitioners. The same is accordingly dismissed.

(Sanjeev Prakash Sharma, J) amit/- U T