Tunna Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4766 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
Tunna Sharma Son Of Late Achhelal Sharma R/O Bijbani, Kachahariya Tola, P.S.- Ghorasahan (JITNA), Dist.- East Champaran 2.
Sinduri Devi @ Sindhu Devi Wife Of Tunna Sharma R/O Bijbani, Kachahariya Tola, P.S.- Ghorasahan (JITNA), Dist.- East Champaran 3.
Shiv Devi @ Shish Kumari Devi Wife Of Late Achhelal Sharma R/O Bijbani, Kachahariya Tola, P.S.- Ghorasahan (JITNA), Dist.- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3.
The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and being brotherin-law (Devar), married sister-in-law (Gotni) and mother-in-law of the deceased came to be implicated by the informant in the instant case with general omnibus and ornamental allegations. It is next submitted that the deceased was married to the son of
Patna High Court CR. MISC. No.4766 of 2024(2) dt.21-02-2024 2/3 Arjun Sharma in the year 2000 and the present case came to be instituted in the year 2023. It is submitted that in these 23 years, no complaint or any case came to be instituted by the deceased or the informant regarding torture by the petitioners, which amply demonstrates that the relationship in between the deceased and Arjun Sharma was cordial. It is also submitted that at times when there is a dispute in between the husband and the wife, and the wife takes an extreme step, the entire family members are implicated. It is next submitted that husband of the deceased (Arjun Sharma) was arrested and sent to judicial custody and he moved before this court seeking regular bail by filing Criminal Miscellaneous No. 84818 of 2023 and the same was allowed by order dated 23-1-2024 by a learned Coordinate Bench.
4.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.4766 of 2024(2) dt.21-02-2024 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ghorasahan (Jitna) P.S. Case No. 231 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T