Indra Mohan Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5960 of 2015 Arising Out of PS.Case No. -792 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Indra Mohan Tiwary S/O Late Chandrabhan Tiwary Resident of villBakulari,P.S-Guthni,Distt-Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Anju Devi W/O Indra Mohan Tiwary Resident of vill-Bakulari,P.SGuthni,Distt-Siwan,at present R/O-vill-Pagra Mathiya,P.S-Bijayee Pur,Distt-Gopalganj.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Singh, Advocate. For the Opposite Party/s : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-02-2015 Heard learned counsel for the petitioner, state and the informant.

The petitioner apprehends his arrest in Complaint Case No. 792 of 2014, corresponding to Trial No. 1568 of 2014, registered for the offences punishable under Sections 323, 498A and 406 of the Indian Penal Code.

Anju Devi the wife of the petitioner stated in her complaint petition that she was married to the petitioner on 23.05.1993. She alleged that her husband demanded a motorcycle at the time of her marriage and the demand is still continuing. On account of non-fulfillment of demand she was driven out from the house along with her child.

Patna High Court Cr.Misc. No.5960 of 2015 (2) dt.12-02-2015 2/2 Learned counsel for the petitioner submits that all the allegations are false.

However, learned APP and the learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the complainant is ready to live with her husband. It appears that after 20 years of marriage, the complainant has lodged this case making allegation of demand of dowry and torture which appears to be otherwise on some family feud.

Considering the facts aforesaid the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Complaint Case No. 792 of 2014, corresponding to Trial No. 1568 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T