Tulsi Kumari @ Akansha @ Tulshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31435 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- MAHILA P.S. District- Sitamarhi ====================================================== 1.

Tulsi Kumari @ Akansha @ Tulshi D/o Dilip Sah @ Dilip Kumar R/o vill - Basant, P.s. - Jale, Distt. - Darbhanga 2.

Rekha Devi W/o Dilip Sah @ Dilip Kumar R/o vill - Basant, P.s. - Jale, Distt. - Darbhanga 3.

Raju Kumar S/o Dilip Sah @ Dilip Kumar R/o vill - Basant, P.s. - Jale, Distt. - Darbhanga 4.

Dilip Sah @ Dilip Kumar S/o Late Sukhdeo Singh R/o vill - Basant, P.s. - Jale, Distt. - Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Sinha For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner nos. 2 and 3.

3. Permission is accorded.

4. The petitioner nos. 1 and 4 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 379, 376, 504, 506/34 of the Indian Penal Code read with Sections 3 and 4 of D.P. Act.

Patna High Court CR. MISC. No.31435 of 2024(4) dt.30-08-2024 2/3

5. Learned counsel for the petitioner submits that petitioners are person with clean antecedent and the informant alleges that her marriage was solemnized with Rahul on 03.05.2023 and after marriage, the accused Suraj and Krish started acting inappropriately with her and also committed rape and on complaint to her husband and mother-in-law they scolded the informant saying that they are her brother-in-law (dewar), it is also alleged that accused persons also gave her medicine on account of which her two months pregnancy was aborted. The accused persons were pressurizing her to indulge in immoral act with other male persons.

6. Learned counsel for the petitioner submits that petitioner have been falsely implicated in the instant case being unmarried sister-in-law and father-in-law. It is also submitted that the allegation as alleged are general and omnibus in nature i.e. no specific allegation is alleged against the petitioners. It is also submitted petitioners will not abscond rather with cooperate in the investigation.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.31435 of 2024(4) dt.30-08-2024 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sitamarhi P.S. Case No. 43 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J.) Sudhanshu/- U T