Raushan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6952 of 2022 Arising Out of PS. Case No.-14 Year-2021 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== RAUSHAN TIWARI Son of Ashok tiwari @ Guddu Tiwari Resident of Village - Gogaura, P.S. - Buxar (Industrial), P.O.- Churamanpur, District - Buxar.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhilesh Kumar Pandey For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Buxar (Industrial) P.S. Case No. 14 of 2021 (Sessions Trial No. 181 of 2021) instituted for the offences punishable under Sections 363 and 366A of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 10.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. The prosecution case in short is that on 04.02.2021, the informant got up at 05:00 O'clock, he found that his

Patna High Court CR. MISC. No.6952 of 2022(2) dt.15-06-2022 2/3 daughter Divyanshi Kumari was not in her room. He searched at his best but could not find. He further alleged that after inquiry, her younger daughter Tanushka Kumari disclosed that her sister used to talk on mobile with one Raushan Kumar Tiwari, who happens to be the conductor of the school. He further alleged that he believed that the aforesaid Raushan Kumar Tiwari has enticed and taken away her daughter somewhere. After recovery of the victim girl, her statement of under Section 164 of Cr.P.C. was recorded, in which there is no whisper about any wrong act done by the petitioner.

Learned counsel for the petitioner further submits that the petitioner is innocent and he has falsely been implicated in this case. Further, it is submitted that the whole prosecution case in a nutshell, it has come that the girl went out from the house only with a view to visit with the petitioner. It is further stated that the petitioner is nowhere alleged any wrong action with the victim.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 10.02.2021, charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing

Patna High Court CR. MISC. No.6952 of 2022(2) dt.15-06-2022 3/3 bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV, Buxar in connection with Buxar (Industrial) P.S. Case No. 14 of 2021 (Sessions Trial No. 181 of 2021). (Khatim Reza, J) Gaurav Kumar/- U T