Patna High Court
Nandan kumar TantiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied.
Summary
The petitioner, Nandan Kumar Tanti, was arrested on 22‑12‑2025 in connection with an FIR dated 06‑10‑2025 alleging rape of a minor. The FIR charges him under multiple sections of the Bihar Narcotic (B.N.S.) Act, 2023 and Section 6 of the POCSO Act. The victim, born on 01‑01‑2014, gave a statement under Section 183 of the B.N.S., fully supporting the prosecution’s case. The petitioner’s counsel argued that he has a clean antecedent and that the allegations are false and fabricated, seeking bail. The State’s counsel opposed bail, emphasizing the seriousness of the offence and the victim’s corroborated statement. The court, noting the nature of the allegation and the victim’s statement, refused the bail application. Consequently, the petitioner remains in custody.
Issues considered
- Whether bail should be granted to an accused in a rape case involving a minor under the POCSO Act and multiple sections of the B.N.S., 2023.
Legislation cited
- B.N.S., 2023 — s. 115, 117, 126, 127, 183, 3, 351, 352
- POCSO Act — s. 6
Subjects
- bail
- rape
- minor
- POCSO Act
- victim statement
- Section 183
- denial of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22690 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- Kharagpur District- Munger
======================================================
Nandan kumar Tanti Son of Saligram Tanti R/o Village - Rataha, P.S. - Haweli
Khagarpur, Dist. - Munger.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. X Son of Y R/o Village - Rataha, P.O. - Rataha, P.S. - Haweli Khagarpur,
Dist. - Munger.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Roy, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Anil Kumar Roy, learned counsel for the
petitioner and Mrs. Sharda Kumari, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
22.12.2025, in connection with Kharaghpur P.S. Case No. 216
of 2025, F.I.R. dated 06.10.2025 registered for the offences
punishable under Sections 126(2), 127(2), 115(2), 117(2),
351(2), 351(3), 352, 3(5) of the B.N.S., 2023 and Section 6 of
the POCSO Act.
3. Allegation against the petitioner is that he has
committed rape upon the victim.
4. Learned counsel for the petitioner submits that
the petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.22690 of 2026(2) dt.07-04-2026
2/2
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
5. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the date of birth of the victim is 01.01.2014 which
suggests that at the time of occurrence the victim was minor and
apart from that the statement of the victim was recorded under
Section 183 of the B.N.S.S. in which she has fully supported the
case of the prosecution and she has categorically stated that the
petitioner has committed rape upon her.
6. Considering the nature of allegation supported by
the victim in her statement recorded under Section 183 of the
B.N.S.S., I am not inclined to enlarge the petitioner on bail in
connection with Kharagpur P.S. Case No. 216 of 2025 pending
in the Court of learned Exclusive Special Judge (POCSO) Act
cum Additional Sessions Judge-VI, Munger.
7. Prayer is refused.
Ibrar//- (Rajesh Kumar Verma, J)
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