Tunni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44545 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

TUNNI DEVI Wife of Rajkumar Paswan Resident of Village - Maksudpur, P.S.- Asthawan, District- Nalanda 2.

Khushbu Kumari D/o- Rajkumar Paswan Resident of Village - Maksudpur, P.S.- Asthawan, District- Nalanda ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Prasad For the Opposite Party/s :

Mr. Surendra Pd. Singh, APP For the Informant :

Mr.Pankaj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Asthawan P.S. Case No. 109 of 2019 for the offence punishable under Sections 363, 365, 366A and 504/34 of the Indian Penal Code.

The petitioner No.1 is mother of one Gunja Kumar, whereas petitioner No.2 is his sister. It is alleged in the First Information Report that the victim was seen moving in the motorcycle with co-accused Gunja Kumar.

Learned counsel appearing on behalf of the petitioners has submitted that they have been implicated only because they are related to the accused Gunja Kumar, Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.44545 of 2019(2) dt.19-07-2019 2/2 informant has submitted, referring to the statement of the victim, recorded under Section 164 of the Cr.P.C., that the victim has described specific role of these petitioners. I have perused the First Information Report and the statement of the victim recorded under Section 164 of the Cr.P.C., which are self-contradictory.

Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Biharsharif, Nalanda, in Asthawan P.S. Case No. 109 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T