Akhilesh Das @ Akhilesh Kumar Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71909 of 2023 Arising Out of PS. Case No.-79 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== AKHILESH DAS @ AKHILESH KUMAR TANTI S/o Sitaram Das @ Sita Ram Tanti R/o village- Bistaul, P.S.- Jhanjharpur ( Araria Sangram O.P), District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 376, 420/34 of the Indian Penal Code.
3. The allegation against the petitioner along with others is of committing rape upon the daughter of the informant, when she went from her house to discharge urine.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Shiva Das @ Shiv
Patna High Court CR. MISC. No.71909 of 2023(2) dt.07-11-2023 2/2 Kumar Tanti and he has already been granted bail by a Coordinate Bench vide order dated 21.10.2021 passed in Cr. Misc. No. 39191 of 2021. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 09.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Jhanjharpur, Madhubani in connection with Jhanjharpur P.S. Case No. 79 of 2021.
(Sunil Kumar Panwar, J) Arish/- U T