Tuntun Tanti @ Tuntun Chakravarty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76418 of 2024 Arising Out of PS. Case No.-135 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Tuntun Tanti @ Tuntun Chakravarty S/o Late Dhanik Tanti R/o vill - Kurha, P.s. - Sahebpur Kamal, Distt. - Begusarai 2.

Sunita Devi W/o Tuntun Tanti @ Tuntun Chakravarty R/o vill - Kurha, P.s. - Sahebpur Kamal, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Sahebpur Kamal PS case no. 135 of 2018, disclosing offences punishable under Sections 302, 120B/34 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that the daughter of the informant was married with Rajeev Kumar @ Raja Tanti, who is the younger brother of petitioner no. 1, in the year 2010. After marriage, her husband was torturing her for dowry. On 18.05.2018, informant received information that his son-in-law Rajeev Kumar had killed his

Patna High Court CR. MISC. No.76418 of 2024(2) dt.14-11-2024 2/3 daughter. The informant has claimed that petitioners and others have killed his daughter by hanging her.

4.

Learned Counsel for the petitioners submits that petitioners have been made accused as they happens to be the elder brother and sister-in-law of the deceased's husband. There is no specific allegation against the petitioners in the First Information Report. From perusal of the First Information Report, it appears that she has committed suicide by hanging, however, police, after investigation, exonerated the petitioners and have not found the case true against the petitioners. Learned Magistrate has differed with the police report and has taken cognizance against the petitioners and thereafter, they came to know about the present case.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the police, after investigation, submitted final form, not sending the petitioners for trial, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.76418 of 2024(2) dt.14-11-2024 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ballia, Begusarai in connection with Saheb Kamal PS case no. 135 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T