Ajay Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8933 of 2023 Arising Out of PS. Case No.-283 Year-2021 Thana- DURAULI District- Siwan ====================================================== AJAY TIWARI Son of Baliram Tiwari Resident of Village - Baba Ke Majhawlia, P.S.- Darauli, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 14.11.2022 in connection with Darauli P.S. Case No. 283 of 2021, F.I.R. dated 27.11.2021 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegation against the petitioner is that he alongwith other co-accused persons have in furtherance of their common intention committed the dowry death of the daughter of the informant.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case merely on the ground that the petiitoner is husband of the deceased. Further submits that the

Patna High Court CR. MISC. No.8933 of 2023(3) dt.24-06-2023 2/2 allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Learned counsel for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has put pressure upon the deceased to sell the land for the purpose of business and it has come during investigation in paragraphs-4,9,10 and 11 of the case diary which suggests the involvement of the petitioner in the present occurrence and the dead body of the deceased was thrown in the Pond near the village.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Darauli P.S. Case No. 283 of 2021 pending in the court of learned Judicial Magistrate, Siwan.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T