Nagendra Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39314 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Nagendra Tiwary son of Shri Baidhnath Tiwary, residents of villageSareya Pahar P.S. Sidhwalia, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Kant Tiwary son of Late Mathura Tiwary, residents of villageBharthia, P.O. Sarif Jalalpur, P.S. Basantpur, District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Manoj Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 304(B)/34 of the Indian Penal Code.

The grand father of the deceased made an allegation that his grand daughter was married to Sandeep Tiwary, son of the petitioner on 20.06.2014 but he received information on 28.04.2015 that his grand daughter has fallen from the roof of the house and succumbed to the injuries.

It is submitted that the petitioner is father-in-law of the deceased. No specific allegation is made against the petitioner. The petitioner never demanded any dowry nor tortured

Patna High Court Cr.Misc. No.39314 of 2015 (2) dt.27-08-2015 the deceased.

On the other hand, learned counsel for the informant as well as learned Additional Public Prosecutor opposed the prayer for bail and submitted that the petitioner being father-in-law was the sole male member of the family and he has got responsibility in his family. The deceased was found inside the room and no explanation has been given from any family members. It is submitted that the deceased committed suicide. Considering the facts aforesaid and the fact that the petitioner is an old father-in-law of the deceased, the petitioner above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Sidhwalia P.S. Case No. 41 of 2015.

(Prabhat Kumar Jha, J) Amin/- U