Tuntun Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74834 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.
Tuntun Pandey Son of Krishan Kumar Pandey Village- Anaith Pandey Toli Ps- Ara Nawada Dist- Bhojpur 2.
Prithwi Raj Devi W/o- Tuntun Pandey Village- Anaith Pandey Toli Ps- Ara Nawada Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Malti Kumari, Advocate For the State :
Mr. Nand Kishore Prasad, APP For Opposite Party No. 2:
Mr. Krishna Bihari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2025 Heard Ms. Malti Kumari, learned counsel for the petitioners, Mr. Krishna Bihari, learned counsel appearing on behalf of Opposite Party No. 2 as well as Mr. Nand Kishore Prasad, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Ara Nawada P.S. Case No. 61 of 2024, F.I.R. dated 27.01.2024 for the offences punishable under Sections 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.
3. According to prosecution case, these petitioners along with their daughters have assaulted and abused the informant and his wife and also snatched gold chain and mangalsutra from the neck and threatened them to falsely implicated the informant in a rape case.
Patna High Court CR. MISC. No.74834 of 2024(4) dt.22-03-2025 2/3
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R.
5. Vide order dated 22.01.2025, the matter was referred to Patna High Court Mediation Center for amicable settlement of dispute between the parties. Report of the learned Mediator dated 20.02.2025 reveals that the dispute between the parties have been resolved through the process of mediation and they have signed the Memorandum of Agreement dated 17.02.2025.
6. Learned Additional Public Prosecutor has no objection in this regard.
7. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Ara (Bhojpur) in connection with Ara Nawada P.S. Case No. 61 of 2024, subject to the
Patna High Court CR. MISC. No.74834 of 2024(4) dt.22-03-2025 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T