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Patna High CourtCR. MISC./2735/2022allowed

Pawan Kumar Tiwari v. The State Of Bihar

2022-06-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2735 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- KARAHGAR District- Rohtas ====================================================== 1.

PAWAN KUMAR TIWARI S/o Bindeshwari Tiwari R/o village- Lokdehri, P.S.- Sasaram (M), District- Rohtas 2.

Bindeshwari Tiwari S/o Late Krishna Mohan Tiwari R/o village- Lokdehri, P.S.- Sasaram (M), District- Rohtas 3.

Lalasa @ Lalash Devi @ Ritu Devi W/o Bindeshwari Tiwari R/o villageLokdehri, P.S.- Sasaram (M), District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Krishnawati Kuar W/o Late Dewmuni Choubey R/o Village- Dumara, PostBarki Kharari, P.S.- Karegahar, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Karahagar P.S. Case no. 92 of 2021 instituted for the offence punishable under Sections 341, 323, 504, 506 and 34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act. As per allegation in the FIR, marriage of daughter of the informant was fixed with petitioner no. 1 and in engagement ceremony, several gold items were gifted to him. Due to non-

Patna High Court CR. MISC. No.2735 of 2022(2) dt.13-06-2022 2/3 fulfillment of further demand, marriage was cancelled. Informant and her nephew Chandan Pandey went to the village of the accused persons to negotiate the matter, but they were also assaulted by the accused persons by means of fist and slaps. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Informant was not ready to show her daughter to her fiance and this is the main reason behind the cancellation of her marriage. Petitioner nos. 2 and 3 are parents of petitioner no. 1. All gifted items were returned to the informant in presence of relations of both parties.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Karahagar P.S. Case no. 92 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.2735 of 2022(2) dt.13-06-2022 3/3 Magistrate, Sasaram, Rohtas subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U