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Nandlal Tanti Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

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Patna HC
2025
Nandlal Tanti Vs The State of BiharNandlal Tanti v. The State of Bihar

Allowed¶¶21

Nandlal Tanti v. The State of Bihar

Bail – regular bail granted

Patna HC5 Feb 2025CR. MISC./46007/2024

Case brief

AI extract

What is this about?

Nandlal Tanti v. The State of Bihar — Patna High Court, Criminal Miscellaneous No.46007 of 2024, decided 05-02-2025 by Chandra Prakash Singh, J. Regular bail application under section 8 POCSO Act read with sections 341, 342, 323, 354, 504 IPC and section 37 Bihar Excise and Prohibition Act; P.S. Case No. 126 of 2024 dated 01.04.2024, P.S. Sabaur, District Bhagalpur; POCSO Case No. 63 of 2024; allegation of enticing informant's minor daughter and attempt to molest; petitioner in custody since 02.04.2024; bail granted on bail-bond of Rs. 20,000 with two sureties of like amount; application allowed.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Bhagalpur, in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024.

Why is it important?

Considering the facts and circumstances of the case and the period of custody, the petitioner was directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Bhagalpur, in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024. ¶¶20

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Bhagalpur, in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024.

Issue for consideration

Whether the petitioner, arraigned in POCSO Case No. 63 of 2024 (corresponding to P.S. Case No. 126 of 2024 dated 01.04.2024, P.S. Sabaur, District Bhagalpur) for offences punishable u/ss 341, 342, 323, 354 and 504 IPC, section 37 of the Bihar Excise and Prohibition Act and section 8 of POCSO Act, is entitled to regular bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner was directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Bhagalpur, in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024.

Detailed headnote1 paragraphs

Bail — regular bail granted — Patna High Court (Chandra Prakash Singh, J.) allowed the bail application of the accused in POCSO Case No. 63 of 2024 (corresponding to P.S. Case No. 126 of 2024 dated 01.04.2024, P.S. Sabaur, District Bhagalpur), arising from the allegation that he enticed the informant's minor daughter to a garden and tried to molest her; offences punishable u/ss 341, 342, 323, 354 and 504 IPC, section 37 of the Bihar Excise and Prohibition Act and section 8 of POCSO Act; considering the facts, circumstances and the period of custody (in custody since 02.04.2024), the petitioner was directed to be enlarged on bail on a bail-bond of Rs.20,000/- with two sureties of the like amount each.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46007 of 2024

Arising Out of PS. Case No.-126 Year-2024 Thana- SABAUR District- Bhagalpur

======================================================

Nandlal Tanti SON OF LATE JAGDISH TANTI VILLAGE- UPER BHITTI, WARD NO. 6 PS- SABOUR, DIST- BHAGALPUR

... ... Petitioner/s

Versus

The State of Bihar BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Nandan Prasad For the Informant : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

5 05-02-2025

Heard learned counsel for the petitioner and learned

counsel for the Informant as well as learned A.P.P for the State.

2 . The petitioner has preferred this application for

grant of regular bail in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024 dated 01.04.2024 registered for the offences punishable u/ss 341, 342, 323, 354 and 504 of the Indian Penal Code, section 37 of the Bihar Excise and Prohibition Act and section 8 of POCSO Act.

3 . As per the prosecution case, the petitioner is alleged to have took the informant's minor daughter to the nearest garden by enticing her and tried to molest her.

4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.46007 of 2024(5) dt.05-02-2025 2/2

this case. There is no any specific allegation of sexual assault against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.04.2024.

5 . Learned counsel for the Informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of molesting the victim.

6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024.

7 . The application stands allowed.

(Chandra Prakash Singh, J)

guddukr/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, arraigned in POCSO Case No. 63 of 2024 (corresponding to P.S. Case No. 126 of 2024 dated 01.04.2024, P.S. Sabaur, District Bhagalpur) for offences punishable u/ss 341, 342, 323, 354 and 504 IPC, section 37 of the Bihar Excise and Prohibition Act and section 8 of POCSO Act, is entitled to regular bail.¶¶14
The court held
Considering the facts and circumstances of the case and the period of custody, the petitioner was directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Bhagalpur, in connection with POCSO Case No. 63 of 2024 corresponding to P.S. Case No. 126 of 2024.ratio¶¶20

Statutes considered

7 provisions across 3 enactments

AI extract

Indian Penal Code341¶¶14 342¶¶14 323¶¶14 354¶¶14 504¶¶14
Bihar Excise and Prohibition Act37¶¶14
POCSO Act8¶¶14

Procedural history

How this case reached the court

AI extract

Prior proceeding
P.S. Case No. 126 of 2024 dated 01.04.2024, P.S. Sabaur, District Bhagalpur, registered for offences punishable u/ss 341, 342, 323, 354 and 504 IPC, section 37 of the Bihar Excise and Prohibition Act and section 8 of POCSO Act; corresponding to POCSO Case No. 63 of 2024.¶¶14
Prior proceeding
Prosecution allegation: petitioner allegedly took the informant's minor daughter to a garden by enticing her and tried to molest her.¶¶15
Prior proceeding
Petitioner's defence: no specific allegation of sexual assault against him; clean antecedent as stated in para 3 of the bail petition.¶¶18
Prior proceeding
Petitioner in custody since 02.04.2024.¶¶18
Prior proceeding
Informant's counsel and learned A.P.P. for the State opposed the bail petition on the ground of specific allegation of molesting the victim.¶¶19

Parties & counsel

AI extract

petitioner
Nandlal Tanti¶¶4
Brij Nandan Prasad
respondent
The State of Bihar¶¶7
Nirmal Kumar Sinha
other
Informant (name not stated in the judgment)¶¶8
Sanjay Kumar Sinha

Coram

AI extract

Chandra Prakash Singhauthor¶¶8

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 5 Feb 2025 · February
Registered: 25 Jun 2024
Case no.: CR. MISC./46007/2024
CNR: BRHC010552852024
Topic: Child Sexual Offences (POCSO)
Bench: Chandra Prakash Singh
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Nandlal Tanti v. The State of Bihar, CR. MISC./46007/2024 (PAT), decided on 5 February 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes7

Indian Penal Code341 · 342 · 323 · 354 · 504
Bihar Excise and Prohibition Act37
POCSO Act8

View all statutes

Procedural history5

P.S. Case No. 126 of 2024 dated 01.04.2024, P.S. Sabaur, District Bhagalpur, registered for offences punishable u/ss 341, 342, 323, 354 and 504 IPC, section 37 of the Bihar Excise and Prohibition Act and section 8 of POCSO Act; corresponding to POCSO Case No. 63 of 2024.
Prosecution allegation: petitioner allegedly took the informant's minor daughter to a garden by enticing her and tried to molest her.

View full history

Bench / Coram

Chandra Prakash Singh

Parties & counsel