Tuntun Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45813 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- SIGAUDI District- Patna ====================================================== 1.

TUNTUN TIWARY S/o Late Bhagwan Tiwary R/o village- Meena Kudha, P.S.- Sigori, District- Patna 2.

VIBHA KUMARI @ SUKHHI D/o Tuntun Tiwary R/o village- Meena Kudha, P.S.- Sigori, District- Patna 3.

RAJU KUMAR @ RAJKUMAR S/o Tuntun Tiwary R/o village- Meena Kudha, P.S.- Sigori, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Griyaghey, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 366A of the Indian Penal Code. Allegation is that the daughter of the informant was enticed and eloped by co-accused Chandra Shekhar Kumar alias Sonu Kumar.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.45813 of 2021(2) dt.31-03-2022 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded. The main allegation is against the co-accused Chandra Shekhar Kumar alias Sonu Kumar. Petitioner No.1 is father, petitioner No.2 is sister and petitioner No.3 is brother of Chandra Shekhar Kumar alias Sonu Kumar. Being the relative of Chandra Shekhar Kumar alias Sonu Kumar, the petitioners have been made accused in the present case. The victim has not named the petitioners in her statement recorded under Section 164 Cr.P.C. The case has been instituted after five days of the alleged occurrence. Delay has not been explained by the prosecution. The petitioner No.2 is a lady.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.45813 of 2021(2) dt.31-03-2022 3/3 the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Sigori P.S. case No.158 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T