Manu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62832 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== Manu Tiwari S/o Biplaw Tiwari, Resident of Village-Sewtapur,P.S.-Mairwa, Distt.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-10-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Siwan Mahila P.S. Case No. 39 of 2018 registered for the offences punishable under Sections 376 and 313 of the Indian Penal Code.

Informant has alleged that petitioner on assurance of marriage made physical relation with her and during her relation she miscarried thrice and when she put pressure on the petitioner to get marry, he refused.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Medical report does not support the allegation. He has no criminal antecedent and he is in custody since 14.06.2018.

Patna High Court Cr.Misc. No.62832 of 2018(2) dt.12-10-2018 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Mahila P.S. Case No. 39 of 2018 subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case diary, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/ManojU T