Patna High Court
Balram Tanti @ Balram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, finding that the medical report, clean antecedent, and custody period warranted release on bond.
Summary
Balram Tanti was arrested in connection with a POCSO case alleging that he, along with a co‑accused, raped the minor daughter of an informant. The petitioner pleaded innocence, asserting that the medical examination of the victim showed no signs of sexual assault and that he was being framed to extort money. He also highlighted his clean antecedent and the fact that he had been in custody since 28‑08‑2025. The State opposed bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita, the POCSO Act and the SC/ST (Prevention of Atrocities) Act. The Court, after considering the medical report, the petitioner’s clean record and the period of custody, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriate bail jurisprudence in a POCSO case involving alleged rape of a minor?
- Do the medical findings showing no signs of sexual assault and the petitioner’s clean antecedent justify granting bail despite the seriousness of the charges?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 70(2)
- Protection of Children from Sexual Offences Act — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(wi), 3(2)(v)
Subjects
- bail
- POCSO
- rape
- minor
- medical evidence
- clean antecedent
- SC/ST Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31453 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- MAHILA P.S District- Supaul
======================================================
Balram Tanti @ Balram Kumar S/o Sri Chhuthaharu Tanti R/o Village -
Mohaniya Ward no. 15, PS - Laukaha, District - Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Chutharu Tanti S/o Late Raghuni Sada R/o R/o Village - Mohaniya Ward no.
15, P.S. - Laukaha, District - Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Binay Krishna, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
R.B. (POCSO) 75 of 2025/POCSO Case No. 55 of 2025 arising
out of Supaul Mahila P. S. Case No. 20 of 2025 registered for
the offences punishable under Section 70(2) of the Bharatiya
Nyaya Sanhita, Sections 4/6 of the Protection of Children from
Sexual Offences Act and Sections 3(1)(wi), 3(2)(v) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act.
3. As per F.I.R., this petitioner along with co-accused
Kundan Tanti threatened and committed rape with minor
daughter of the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.31453 of 2026(2) dt.14-05-2026
2/2
petitioner is innocent and has committed no offence. During
trial, doctor (P.W. 2) examined the victim but he did not find any
sign of rape or sexual assault thus, medical record does not
support the prosecution case. Petitioner has falsely been
implicated in this case only with a view to extort money.
Petitioner claims clean antecedent and is in custody since
28.08.2025. Charge-sheet has already been submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, medical
report, clean antecedent and period of custody, this bail
application is allowed. The petitioner, above named, is directed
to be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of the learned District and Additional Sessions
Judge-VI-cum-Special Judge-Exclusive POCSO Court, Supaul
in connection with R.B. (POCSO) 75 of 2025/POCSO Case No.
55 of 2025 arising out of Supaul Mahila P. S. Case No. 20 of
2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
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