Tunna Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47019 of 2023 Arising Out of PS. Case No.-533 Year-2023 Thana- NAWADA District- Nawada ====================================================== 1.
TUNNA SAO S/O MOSAFIR SAO 2.
ARCHANA DEVI W/O TUNNA SAO BOTH ARE R/O VILLAGE- BUDHOL, P.S.- NAWADA, DIST. NAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-09-2023
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for anticipatory bail apprehending their arrest in connection with Nawada P.S. Case no.533 of 2023 registered for the offence punishable under sections 354B, 341, 323, 448, 380, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the two petitioners herein who wanted to forcibly usurp the property of the informant had been torturing and threatening her. On 17.3.2023, the petitioner no.2 poured kerosene oil with the intention to burn down the informant's house but on the informant raising hulla, it was somehow saved. Once again on 18.3.2023, it is alleged that the two petitioners herein assaulted
Patna High Court CR. MISC. No.47019 of 2023(2) dt.01-09-2023 2/3 the informant and after tearing the clothes of the informant, also made a video. They threatened that they would make the video viral.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The parties are closely related to each other, the father of the petitioner no.1 and the informant's father being full brothers. It is further submitted that from the contents of the F.I.R. itself, it would transpire that it is a family dispute with respect to property. No such occurrence as alleged in the F.I.R. has taken place and further no video as alleged has been made viral. The petitioners have no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioners in the F.I.R., the relationship between the petitioners and the informant together with the petitioners not having any criminal antecedent, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Nawada P.S. Case no.533 of 2023 on each of them furnishing bail bond of
Patna High Court CR. MISC. No.47019 of 2023(2) dt.01-09-2023 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Nawada.
(Partha Sarthy, J) Saurabh/- U T