Mukesh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11432 of 2023 Arising Out of PS. Case No.-74 Year-2021 Thana- NATWAR District- Rohtas ====================================================== Mukesh Tiwary S/O Lakshman Tiwari @ Lakshuman Tiwary R/O VillageBirauwa Kala, P.S.- Natwar, Distt- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Choubey For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 302, 201, 34 of the Indian Penal Code.

As per FIR, it is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand after that this case has been lodged against the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. He has got no criminal

Patna High Court CR. MISC. No.11432 of 2023(3) dt.09-05-2023 2/2 antecedent. It is further submitted that the petitioner is languishing in judicial custody since 05.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that from perusal of para 49 of the case diary, it appears that the petitioner confessed his guilt in his self confessional statement that he killed his wife by pressing her neck and thereafter took her dead body to Varanasi for the purpose of cremation. During investigation witnesses have also supported the prosecution version.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner to kill his wife, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manish/- U T