Tanuja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19087 of 2017 Arising Out of PS.Case No. -298 Year- 2016 Thana -BARARI District- KATIHAR ====================================================== Tanuja Kumari, D/o Hira Lal Yadav, Resident of Village- Sujapur, P.S.- Barari, District- Katihar.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Prasad, Adv.

For the Opposite Party/s : Mr. A.M. Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barari P.S. Case no. 298 of 2016, registered under Sections 302/34 and 120-B of the Indian Penal Code.

The accusation is that on 09.11.2016 at about 4.00 P.M. Shiv Kumar Pandit, brother of the informant, moved to house for giving tuition to the children, but he did not return till 6 to 7 P.M. Thereafter, informant searched his brother, but no trace was found. In course of search, the informant came to know that his brother had gone to village Jagdishpur at the house of his friend Sanjay Sah for taking 'Prasad' of Chhath puja and he also proceeded to there at about 6.30 P.M. for house. On 10.11.2016 at about 10.00 A.M., informant came to know that dead body of a boy is lying in the maize filed then informant reached there and saw dead body of his brother sustaining slit injury at his neck. It is further alleged that there was love affairs

Patna High Court Cr.Misc. No.19087 of 2017 (4) dt.01-08-2017 2/2 between petitioner and brother of the informant as petitioner used to come at his house to take tuition from the deceased. Later on, marriage of Tanuja was performed with Pappu Yadav, but she used to talk with the deceased. The brother of the informant was brought by said Pappu Yadav to village Gurumila and left his brother on the next day. There is also land dispute to his neighbour Vinod Pandit. As such, informant raised suspicion about having hand of the petitioner and others in the murder of his brother.

Learned counsel for the petitioner submits that petitioner is a lady and it has only come that in course of attending the tuition petitioner fell in love with the deceased and after her marriage, the deceased used to talk to the petitioner, but no any call details has been brought on the record, which is come in para 66 of the case diary, the petitioner is a married lady and has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Barari P.S. Case No. 298 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T