Ranjesh Kumar Tanti @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5198 of 2021 Arising Out of PS. Case No.-626 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Ranjesh Kumar Tanti @ Raju Son of Lal Bihari Tanti Resident Of Pakki Sarai, Ward No 12, Premanandpur, P.S. - Ghogha, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with POCSO Case no. 101 of 2019 arising out of Kahalgaon (Ghogha) P.S. Case no. 626 of 2019 registered under sections 366A, 341, 323, 504 and 506 of the Indian Penal Code.

As per allegation in the F.I.R., it is stated by the informant that he learnt that the petitioner herein has taken away his minor daughter for the purpose of marriage. It is submitted by learned counsel for the petitioner that the allegation as narrated in the F.I.R. are false and concocted. It is submitted that the daughter of the informant returned and from perusal of her statement recorded under section 164 Cr.P.C. (Annexure-2) it would transpire that she had

Patna High Court CR. MISC. No.5198 of 2021(2) dt.24-03-2021 2/2 left home on her own volition about two months back. She states that she intends to marry the petitioner herein when she attains the age of 18 years. It is submitted by learned counsel for the petitioner that this statement under section 164 Cr.P.C. was recorded in presence of the informant's wife. The petitioner is in custody since 18.9.2020 and has no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the statement of the informant's daughter under section 164 Cr.P.C. recorded in presence of her mother, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with POCSO Case no. 101 of 2019 arising out of Kahalgaon (Ghogha) P.S. Case no. 626 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO)-cum-Additional District and Sessions Judge-VIII, Bhagalpur.

(Partha Sarthy, J) Bibhash/- U