Patna High CourtCR. MISC./18400/2021dismissed

Brajesh Tiwari v. The State Of Bihar

2021-10-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18400 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- SARAI District- Vaishali ====================================================== Brajesh Tiwari, Son of Ram Dhyan Tiwari, R/O Village- Sohari, P.S.- Sarai, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

: Ms.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP For the Informant : Dr. Ratan Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is said to have committed murder of the informant's niece due to non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the deceased herself committed suicide due to tension for giving birth to a female child. At the time of occurrence, petitioner was at Chhatisgardh. The

Patna High Court CR. MISC. No.18400 of 2021(3) dt.22-10-2021 2/2 petitioner is languishing in jail custody since 07.10.2020. The petitioner has no criminal antecedent, which is mentioned in para 3 of the bail petition.

Learned APP for the State as well as learned counsel for the informant vehemently opposed the prayer for bail petition and submit that the petitioner is husband of the deceased and also mobile evidence against the petitioner in the case diary.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Sarai P.S. Case No. 06/2020 from the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur. Accordingly, this application is dismissed.

However, the petitioner is at liberty to renew his prayer for bail after framing of the charge.

(Anjani Kumar Sharan, J) amitkumar/- U T