Tunna Dubey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48254 of 2018 Arising Out of PS. Case No.-283 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================

1. Tunna Dubey, Son of Late Ram Chandra Prasad,

2. Guddi Dubey, Wief of Tunna Dubey, Both resident of VillageJagdishpur, P.S.- Sonhan District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2018 Petitioner No.2 has already been granted anticipatory bail vide order dated 14.09.2018.

Heard learned counsel for the petitioner No.1 and learned APP for the State.

The petitioner No.1 is apprehending his arrest in a case registered under Sections 302, 201/34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons including the petitioner killed the daughter of the informant by setting her ablaze on account of land dispute. It has been submitted on behalf of the petitioner No.1 that the petitioner No.1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No.1. The petitioner No.1 has been made accused due

Patna High Court Cr.Misc. No.48254 of 2018(3) dt.01-10-2018 2/2 to mistake of fact. The petitioner No.1 is the Devar of the deceased. He is separate in mess and property from the husband of the deceased. There is no eye witness to the alleged occurrence nor there is any other substantive evidence to suggest the implication of the petitioner No.1 in the present case. Due to property dispute in the family, the deceased is alleged to have committed suicide. The alleged occurrence is said to have taken place after ten years of marriage. On behalf of the State, it is submitted that the petitioner No.1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No.1, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabua in connection with Bhabua (Sonhan) P.S. case No.283 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T