Vikram Tiwari @ Vivek Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13514 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== VIKRAM TIWARI @ VIVEK TIWARI, S/O SUDHIR TIWARI, R/O VILLAGE- MATHNAMAL, P.S- GAROUL, DISTRICT.- VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate Mr. Sharad Kumar Verma, Advocate Mr. Sagar Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP Mr. Lal Bahadur Singh, Advocate Mr. Dhaneshwar Prasad Gupta, Advocate Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Motihari Town P.S. Case no.614 of 2023 registered under sections 354, 354D, 447, 504, 506 and 34 of the Indian Penal Code and section 67 of the I.T. Act.

3. As per the prosecution case, the informant states that her daughter was being tortured by one Vikash Tiwari @ Vikash Kumar, brother of the petitioner herein of bringing disrepute to her through electronic medium. It is stated that an FIR was registered in the which the said Vikash Tiwari was also

Patna High Court CR. MISC. No.13514 of 2024(2) dt.12-03-2024 2/3 taken into custody. His actions did not improve and on being released in the said case he once again started troubling her daughter. It is further stated that on the informant's protesting, this petitioner also came to the house of the informant and threatened her that he would get her daughter lifted.

4. Learned counsel for the petitioner submits that from perusal of the FIR itself it would transpire that the main allegation is against the brother of the petitioner herein namely Vikash Tiwari and not the petitioner. The petitioner and his brother have been falsely implicated in the case. The petitioner has no criminal antecedent and is in custody since 14.12.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the FIR but he along with his brother have been threatening the informant and troubling her daughter and others.

6. Having heard learned counsel for the parties and taking into consideration the allegations against this petitioner in the FIR, his being in custody since 14.12.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Motihari Town P.S. Case no.614 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees

Patna High Court CR. MISC. No.13514 of 2024(2) dt.12-03-2024 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.

(Partha Sarthy, J) avinash/- U T