Patna High Court
Asho Tanti @ Aasho Tanti @ Aansho TantiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied.
Summary
The petitioner, Asho Tanti, was arrested on 16 September 2025 and charged under Section 64 of the Bharatiya Nyay Sanhita, 2023 and Sections 4, 6 and 8 of the POCSO Act for alleged sexual intercourse with a ten‑year‑old girl. He sought bail, asserting a clean record, political victimisation, and that the victim had not yet been medically examined and his mother‑informant did not support the prosecution. The State and the victim’s mother opposed bail, relying on the victim’s statement recorded under Section 183 of the Bharatiya Nyay Sanhita. The court, considering the seriousness of the offences, the presence of a minor victim and the pending trial, declined to grant bail. Consequently, the bail petition was refused and the trial court was directed to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a POCSO case involving alleged sexual intercourse with a minor
- Whether allegations of political victimisation affect the bail consideration
- Whether the absence of a medical examination of the victim is a ground for bail
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 183, 64
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6, 8
Subjects
- bail
- POCSO
- sexual offences
- minor
- judicial custody
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85628 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
Asho Tanti @ Aasho Tanti @ Aansho Tanti son of Kuru Tanti @ Tetar Tanti
Resident of Village- Churamanbigha, P.S. -Chanan, District -Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Wife of Munna Modi Resident of Village- Churamanbigha, P.S. -Chanan,
District -Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Anil Kumar, APP
For the O.P. No.2 : Mr. Ritesh Kumar Narain Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Sanjeev Kumar, learned counsel for the
petitioner, Mr. Anil Kumar, learned A.P.P. for the State and Mr.
Ritesh Kumar Narain Singh, learned counsel for the Opposite
Party No.2.
2. The petitioner seeks bail, who is in custody since
16.09.2025 in connection with Chanan P.S. Case No. 122 of
2025, FIR dated 15.09.2025 registered for the offence under
Section 64 of the Bharatiya Nyay Sanhita, 2023 and Sections
4,6,8 of POCSO Act.
3. Allegation against the petitioner is that on
12.09.2025 at about 12 o’clock, he committed sexual
Patna High Court CR. MISC. No.85628 of 2025(3) dt.25-03-2026
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intercourse with the minor daughter of the informant aged about
10 years.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been implicated in this case due to village politics. He
next submits that trial has begun and PW-2,who happens to be
mother of the victim and informant of the present case did not
support the case of the prosecution but fairly submits that victim
has bot been examined as yet and the petitioner is rotting in
judicial custody since 16.09.2025.
5. Learned counsel for the Opposite Party No.2 as
well as learned A.P.P. for the State, on the other hand, have
vehemently opposed the prayer for bail of the petitioner and
submits that statement of the victim was recorded under Section
183 BNSS in which she has fully supported the case of the
prosecution.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with District & Additional Sessions Judge-VI-cum-
Special Judge, POCSO Act, Lakhisarai pending in the Court of
Chanan P.S. Case No. 122 of 2025.
7. Prayer is refused.
Patna High Court CR. MISC. No.85628 of 2025(3) dt.25-03-2026
3/3
8. However the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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