Digvijay Tiwari @ Digvijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9652 of 2018 Arising Out of PS.Case No. -96 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Digvijay Tiwari @ Digvijay Kumar S/o Somnath Tiwari, R/o VillageDighi Chaila Chowk, P.S.- Hajipur Sadar, Distt.- Vaishali. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Shankar Das, Advocate For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, being the husband of the victim, apprehends his arrest in connection with Hajipur Sadar P.S. Case No.96 of 2016 registered under Sections 304(B), 201/34 of the Indian Penal Code.
The prosecution case got initiated with the written report of Baby Devi dated 5.3.2016 to the effect that the informant had performed the marriage of her daughter with the petitioner in the year 2010. There was a demand of motorcycle by the petitioner and for non-fulfillment of the same, torture was inflicted. The daughter of the informant used to tell her about the
Patna High Court Cr.Misc. No.9652 of 2018 (2) dt.20-02-2018 2/2 torture inflicted upon her.
Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that as the petitioner is the husband, hence he is supposed to have special knowledge about the death of his wife but he has not disclosed the same and has got the dead body disposed of.
In the circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail to the petitioner is rejected. Let the petitioner surrender before the court below and pray for regular bail which will be considered by learned court below on its own merit without being prejudiced by this order. (Dinesh Kumar Singh, J) N.H./- U T