IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15279 of 2022

Arising Out of PS. Case No.-217 Year-2021 Thana- Sohsarai District- Nalanda

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Bali Kumar Tanti Son of Nandu Tanti Resident of Village - Talabpar Asha

Nagar, P.S.- Sohsarai, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Binay Krishna, APP

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

3

16-08-2022

Let the defect, if any, be removed within two weeks

from today.

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks regular bail in connection with

Sohsarai P.S. Case No. 217 of 2021 lodged under Sections

354(A), 354(B), 354(C) I.P.C. read with Section 14 POCSO Act

and Section 67(B) I.T. Act and Section 3(i)(r)(s) SC/ST Act.

As per the prosecution case, the petitioner has

prepared the video of the informant and prepared semi-nacked

photograph and make it viral.

Learned counsel for the petitioner submits that the

petitioner’s family has given Rs. 2,00,000/- to the informant’s

family which they were not ready to return and upon demand

Patna High Court CR. MISC. No.15279 of 2022(3) dt.16-08-2022

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they have filed the present case.

On merit he submits that case has been filed that

F.I.R. has been lodged under the provisions of Indian Penal

Code POCSO Act, SC/ST Act and I.T. Act but charge sheet has

been filed only under the provisions of Indian Penal Code and

Information Technology Act. He further submits that upon

medical the age of the girl was ascertained 18-19 years.

He further submits that petitioner has clean

antecedent, charge sheet has already been filed in this case and

he is in custody since 12.11.2021. His antecedent is clean.

Learned counsel for the State opposes the prayer for

bail but also submits that it is true that charge sheet has been

filed under I.P.C. and I.T. Act only.

In the present facts and circumstances of this case and

the submissions made above, let the petitioner above named, be

granted bail on furnishing bail bonds of Rs.30,000/- (Rupees

Thirty thousand) with two sureties of the like amount each to

the satisfaction of learned 7^th Addl. Sessions Judge -Cum-

Special POCSO Court, Biharsharif, Nalanda in connection with

Sohsarai P.S. Case No. 217 of 2021, subject to the conditions as

laid down under Section 437(3) of Cr.P.C. with other following

conditions:

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A. The petitioner shall support in trial and shall

appear physically before the lower court on each and every date

fixed, in case of non-appearance for two consecutive dates

without sufficient cause, shall resulted into cancellation of his

bail bond.

B. One of the bailor shall be close relative who shall

file affidavit before the court about his relation with the

petitioner.

With this observation, the bail application stands

allowed.

sadique/-

(Dr. Anshuman, J)

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