Allowed¶19

Tuni Devi v. The State of Bihar

Patna HC21 Jun 2024CR. MISC./14638/2024

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail; Section 438(2) Cr.P.C.; apprehension of arrest; murder charge; Sections 302, 420, 120B, 406 IPC; viscera report and postmortem report not supporting prosecution case; false implication and property-grab motive pleaded; bail bond Rs. 25,000 with two sureties; Barhat P.S. Case No. 27 of 2023, Jamui; Patna High Court; CR. MISC. No.14638 of 2024; decided 21-06-2024 by Anjani Kumar Sharan, J; petition allowed.

What did the court decide?

Release on bail in the event of arrest or surrender before the learned Court below within six weeks, on a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Court below in connection with Barhat P.S. Case No. 27 of 2023, subject to the conditions under Section 438(2) Cr.P.C. ¶19

Tuni Devi Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Barhat P.S. Case No. 27 of 2023 registered for offences punishable under Sections 302, 420, 120B and 406 of the Indian Penal Code, should be released on bail in the event of her arrest or surrender.

¶13

Court's answer

Having regard to the facts and circumstances of the case, and as the viscera report as well as the postmortem report of the deceased do not support the prosecution case, the petitioner was directed to be released on bail in the event of her arrest or surrender before the learned Court below within a period of six weeks.

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Ratio / Principle

Bail directed on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Court below where the case is pending, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Detailed headnote1 paragraphs

Patna High Court (Anjani Kumar Sharan, J.), by order dated 21-06-2024 in Criminal Miscellaneous No. 14638 of 2024, allowed the prayer of Tuni Devi, who apprehended arrest in Barhat P.S. Case No. 27 of 2023, District Jamui, registered for offences punishable under Sections 302, 420, 120B and 406 of the Indian Penal Code, alleging that in conspiracy with co-accused she murdered the informant's maternal grand daughter. Observing that the viscera report as well as the postmortem report of the deceased did not support the prosecution case, the Court directed that the petitioner be released on bail in the event of her arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Court below, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The learned APP had opposed the prayer for bail.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14638 of 2024

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Arising Out of PS. Case No.-27 Year-2023 Thana- BARHAT District- Jamui

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======================================================

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Tuni Devi W/o Sri Suresh Pandit R/o vill - Bhaluka, P.O. - Malaypur, P.S. - Barahat, Distt. - Jamui

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Prakash Mahto, Adv. For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 21-06-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 420, 120B, 406 of the Indian Penal Code.

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Allegedly, under conspiracy with other co-accused persons, petitioner is said to have committed murder of the maternal grand daughter of the informant.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and she has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that the viscera

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Patna High Court CR. MISC. No.14638 of 2024(4) dt.21-06-2024 2/2

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report as well as the postmortem report of the deceased does not support the prosecution case. The name of the petitioner has been transpired in the present case only with a view to grab the alleged property of the petitioner’s husband. She has no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, as the viscera report as well as the postmortem report of the deceased does not support the prosecution case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barhat P.S. Case No. 27 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Tuni Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Tuni Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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