Anand Kumar @ Anand Tanti @ Anand Kumar Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80760 of 2023 Arising Out of PS. Case No.-360 Year-2022 Thana- DHORAIYA District- Banka ====================================================== ANAND KUMAR @ ANAND TANTI @ ANAND KUMAR TANTI SON OF SHALIGRAM TANTI RESIDENT OF VILLAGE - GHASIA, P.S. - DHORAIYA, DISTRICT - BANKA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Singh, Sr. Advocate Mr.Bhaskar Shankar, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No. 360 of 2022 dated 21.10.2022 instituted for the offence punishable under Sections 354(B), 341, 323, 509, 420, 120(B) of the IPC and Section 67(A) of the I.T. Act and Section 8 of the POCSO Act.
3. As per prosecution case, the informant on 07.10.2022 received a secret information that his minor daughter, a student of RTC Coaching Centre, Ghasia being run by the petitioner and his brother, was forced to establish sexual relationship by one Piush Kumar on the pretext of making her obscene photograph viral. It is further alleged that when nephew of the informant, namely, Ankit Kumar Gupta contacted Piush
Patna High Court CR. MISC. No.80760 of 2023(3) dt.05-03-2024 2/3 Kumar through his mobile phone, he informed that the proprietor of the Coaching Center, Sajan Kumar Tanti is also involved in the matter and he, on the pretext of running Coaching Center, used to provoke and establish illegitimate relations with the minor girls and take their indecent photographs. It is further alleged that the photographs of the daughter of informant and other minor girls have been made viral.
4. Learned senior counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that the entire allegation is levelled against Piush Kumar @ Sonu and Sajan Kumar Tanti. Since the present petitioner is brother of Sajan Kumar Tanti and Managing Director of the said Coaching Centre, his name has been implicated in this case. It is next submitted that nothing has been revealed against the petitioner in the statement of the victim girl recorded under Section 164 CrPC. Lastly, it has been submitted that petitioner has got no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in
Patna High Court CR. MISC. No.80760 of 2023(3) dt.05-03-2024 3/3 the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Dhoraiya P.S. Case No. 360 of 2022, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-6-cum-POCSO, Banka, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) perwez U T