Ramesh Tiwary @ Mintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8780 of 2024 Arising Out of PS. Case No.-94 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Ramesh Tiwary @ Mintu Kumar Son Of Late Umashankar Tiwari Village -Udwant Nagar, Police Station -Udwant Nagar District -Bhojpur, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Naina Tiwari @ Kumari Naina Wife Of Ramesh Tiwari @ Mintu Kumar @ Mintu Tiwari Resident Of Village- Singhari, Ps- Goh, Distt- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Ravish For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2024

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

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 120(B), 341, 323, 379, 498(A), 384, 468, 469 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that from perusal of the office report dated 16.04.2024, it would manifest that the same records that O.P. No.2 has died.

4. Since the O.P. No.2 is no more, as such, the Court proceeds to decide the case on merits.

5. The learned counsel submits that petitioner was

Patna High Court CR. MISC. No.8780 of 2024(3) dt.06-05-2024 2/3 married to O.P. No.2 on 30.04.2021 and the O.P. No.2 left her matrimonial home after three months and went back her parental home, as she was not interested in the marriage with the petitioner, as she was having an affair prior to marriage as pleaded in para-11 and 12 of the anticipatory bail application, based on which, the petitioner had also filed Matrimonial Case No.454/2022 in the Court of learned Principal Judge, Family Court, Bhojpur at Ara, seeking divorce from the O.P. No.2 on the ground of adultery and it was thereafter the O.P. No.2 instituted the present criminal case implicating the petitioner and his family members with general and omnibus allegation of demand of dowry and torture.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case

Patna High Court CR. MISC. No.8780 of 2024(3) dt.06-05-2024 3/3 No.94/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T