Surendra Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24640 of 2020 Arising Out of PS. Case No.-48 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== 1.

SURENDRA TIWARY S/o Mahesh Tiwary Resident of Village-Gorakh Parasi, P.S.-Karakat, District-Rohtas, At present A/67, Mitra Mandal Colony, P.S.-Phulwarisharif, District-Patna.

2.

Indrawati Devi W/o Surendra Tiwary Resident of Village-Gorakh Parasi, P.S.-Karakat, District-Rohtas, At present A/67, Mitra Mandal Colony, P.S.- Phulwarisharif, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2020 Heard learned counsel for petitioners and learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in Patna Mahila P.S. Case No. 48 of 2019 registered for the offence under Sections 341, 323, 498(A), 504, 506/34 of the IPC and 3⁄4 Dowry Prohibition Act.

As per the prosecution case, the informant was married with co-accused Diwakar Tiwary in the year 2016. It is alleged that after the marriage, all the accused persons, including petitioners, started demanding dowry and due to nonfulfillment of the same they started torturing her, on 16.05.2019, her husband went somewhere without giving any

Patna High Court CR. MISC. No.24640 of 2020(2) dt.08-10-2020 2/2 information.

It is submitted on behalf of the petitioners that these petitioners are innocent and committed no offence. It is further submitted that the petitioner No. 1 is father-in-law and petitioner No. 2 is mother -in-law of the informant and residing separately in village so they have got no concern with the routine affairs of the victim. There is general and omnibus allegation. Petitioner No.-1 is aged about 57 years old, whereas petitioner No.-2 is aged about 55 years old. Specific allegation is against the husband of the informant.

Considering the aforesaid facts and circumstances, the bail application of petitioners is allowed. In the event of their arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. -1st Class, Patna in connection with Patna Mahila P.S. Case No. 48 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) SONALI/- U T