Santosh Tanti @ Santosh Chandra Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57997 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- MAHILA P.S District- Supaul ====================================================== SANTOSH TANTI @ SANTOSH CHANDRA BHARTI Son of Sri Shambhu Tanti Resident of Village- Sukmarpur, Ward No. 03, P.S.- Supaul, DistrictSupaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Supaul P.S. Case No. 34 of 2021, registered for the offences punishable under Sections 376, 341, 323, 506, 34 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences (POCSO) Act.

As per allegation, the present petitioner committed rape upon the prosecutrix on 01.04.2021 at about 8.00 p.m. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.57997 of 2021(2) dt.04-07-2022 2/3 one day before the alleged occurrence the father of the petitioner lodged Complaint Case No. 236 of 2021 against the family members of the informant including herself and the present case has been lodged with false allegation only due to that complaint case. Learned counsel for the petitioner has also submitted that one month prior to the occurrence the petitioner's father lodged informatory petition in the Court of SDM, Supaul mentioning therein that there is apprehension of false implication of the petitioner's family as family member of the informant one Ranjana Devi had already lodged a false case against the petitioner's family.

It is evident from Annexure-3 that the petitioner's father has already lodged a complaint petition against the informant and her family members one day prior to the occurrence and the present case appears to be counter blast of that case and also considering that the petitioner is a person of clean antecedents, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-POCSO, Supaul in connection with Supaul Mahila P.S.

Patna High Court CR. MISC. No.57997 of 2021(2) dt.04-07-2022 3/3 Case No. 34 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T