Dileep Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5620 of 2025 Arising Out of PS. Case No.-506 Year-2024 Thana- MADHAURAH District- Saran ====================================================== 1.
Dileep Tiwari Son of Shambhu Tiwari Resident of Village - Mubarakpur, Ward No.7, P.S. - Marhourah, District - Saran 2.
Champa Devi @ Chandani Devi Wife of Dileep Tiwari Resident of Village - Mubarakpur, Ward No.7, P.S. - Marhourah, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the State :
Mr. Ahmad Ali, APP For the Informant :
Mr. Sachin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioners and learned APP for the State as well as learned counsel for the informant.
2. In this present case, the petitioners seek bail in connection with Marhaura P.S. Case No. 506 of 2024 registered on 09.09.2024 for the offences under Sections 80(2), 238(A) and 3(5) of B.N.S. and Section 3⁄4 of the Dowry Act, 1961.
3. As per prosecution case, daughter of the informant was married with co-accused Vikash Tiwari. Petitioners are parents-in-law of the deceased. Allegation against the petitioners and other co-accused persons is that they used to ask the daughter of the informant to bring a four wheeler from her father and when she refused, she was abused and assaulted. When the daughter of the informant gave birth to a girl child, torture increased. On
2/4 08.09.2024, the daughter of the informant called the informant telling him that her in-laws was threatening her with life. Later on, in the evening, informant received information from co-villagers about his daughter being killed by hanging.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. There is no specific allegation against the petitioners and the allegations are general and omnibus. The petitioners never demanded any dowry nor assaulted the deceased and they have no concern with the alleged occurrence. The co-accused husband of the deceased is already in custody since 19.09.2024. The petitioners are in custody since 06.10.2024 and charge-sheet has been submitted. Petitioners are having clean antecedent. Learned counsel further submits that the petitioners as well as their son are all in custody, they cannot prepare for their defence. Though trial is proceeding but the doctor and the Investigating Officer are yet to be examined and there is no likelihood for conclusion of trial in near future.
5. Learned A.P.P. as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioners. Learned counsel for the informant submits that out of nine witnesses, seven witnesses
3/4 have been examined and the trial would not take much time for conclusion.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioners are parents-in-law and further considering the fact that co-accused husband of deceased is already in custody and also considering the clean antecedent of the petitioners along with their period of custody and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra/concerned court in connection with Marhaura P.S. Case No. 506 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the
4/4 terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T