Ranjan Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6581 of 2021 Arising Out of PS. Case No.-131 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== RANJAN TANTI Son of Late Biccho Tanti Resident of Village - Osata, P.S.- Rajoun, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anupa Nand Jha, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Mouzahidpur P.S. Case no. 131 of 2019 registered under section 376 and other sections of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that the petitioner herein, in spite of knowing the fact that she was married, he befriended her and ultimately committed rape on her. He also threatened that the inappropriate pictures that he had taken of her, would be made public through whatsapp etc.

Patna High Court CR. MISC. No.6581 of 2021(4) dt.08-07-2021 2/3 It is submitted by learned counsel for the petitioner that allegations as leveled in the FIR are false and manufactured. The petitioner has been falsely implicated in the case. The informant does not bear a good moral character would be evident from the FIR (Annexure-2) lodged against her by her brother-in-law as also the statement of the witness recorded in course of investigation. The petitioner is a victim of false implication by the informant. There is no medical report to support the allegations. There is no explanation for the delay in lodging of the FIR. The petitioner is in custody since 30.1.2020 and has no criminal antecedent. Investigation in the case has concluded.

The application for bail is opposed by learned Additional Public Prosecutor for the State who submits that not only there is direct allegation against the petitioner of having committed rape on the informant but even in course of investigation one of the objectionable photographs sent by the petitioner to the husband of the informant was made available to the investigating officer.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the material that has transpired in course of

Patna High Court CR. MISC. No.6581 of 2021(4) dt.08-07-2021 3/3 investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Spd/- (Partha Sarthy, J) U T