Ajay Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21517 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- AMNAUR District- Saran ====================================================== Ajay Tiwary S/o Late Ram Ashirwaad Tiwary Resident of Village- Gosi Amnour (Amnour Kalyan), P.S.- Amnour, District- Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr .Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing. Petitioner seeks bail in connection with Amnour P.S. Case No. 41 of 2020 registered for the offences punishable under Sections 341, 323, 354 and 504 of the Indian Penal Code and Section 37(C) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submitted that the petitioner has been made a victim in a false case. He contended that both the parties are agnates. The petitioner is younger brother of the informant's late husband and a title suit bearing Title Suit No. 778 of 2019 is pending between the parties, in which the informant is the plaintiff and the petitioner is one of the defendants. The informant is in the habit of lodging false and frivolous case. Earlier, also she had lodged a case with

Patna High Court CR. MISC. No.21517 of 2020(2) dt.07-07-2020 2/2 identical nature of allegations vide Amnour P.S. Case No. 369 of 2019 which is still pending. He further contended that the petitioner is in jail since 15.02.2020 and the investigation of the case has already been completed.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. He contended that there is allegation that the petitioner came to the house in intoxicated condition and started assaulting the informant with fist and slap, because of which, she fell down on the ground and, thereafter, started dragging her with an intention to outrage her modesty.

Having heard the parties and perused the materials on record, since the investigation of the case is completed, the petitioner is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chapra in connection with Amnour P.S. Case No. 41 of 2020. (Ashwani Kumar Singh, J) rohit/- U T