Binod Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35699 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -SURYAPURA District- SASARAM (ROHTAS) ====================================================== Binod Tiwari, son of Rajendra Tiwari , R/o Village- Majhiyaon, P.S.- Charpokhari, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harsh Anuj For O.P. No. 2 : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Surajpura P.S.Case No. 60 of 2017 registered for the offences punishable under Sections 341, 323, 504, 498A of the Indian Penal Code and 3/4 of Dowry Prohibition Act, including Section 37(C) of Bihar Excise Act.

Allegation against the petitioner is of subjecting his wife to cruelty and the case is under Section 498A IPC. Submission of learned counsel for the petitioner is that the whole prosecution case is false and concocted as petitioner has deposited Rs.10 lacs in the Bank Account of his wife and now, in order to grab the amount, present case been lodged against him. Further submission is that he is in custody for about five months. Heard learned APP and learned counsel for the informant, who have opposed the prayer for bail.

Patna High Court Cr.Misc. No.35699 of 2017 (3) dt.09-10-2017 2/2 Having heard both sides and in the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum-Special Court, Excise, Rohtas at Sasaram, in connection with Surajpura P.S.Case No. 60 of 2017, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties in the jurisdiction of court concerned, (2) Petitioner shall co-operate in trial and appear on each and every date fixed in court and failure to appear on two consecutive dates without any genuine reason or without permission of court, his bail bond shall be liable to be cancelled.

At the same time, learned trial court is directed to expedite the trial and try to conclude it within a period of six months.

(Vinod Kumar Sinha, J) spal/- U