Ravi Prakash Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26628 of 2023 Arising Out of PS. Case No.-336 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Ravi Prakash Tiwari Son of Shyam Kishor Tiwari R/O Mohalla- Gurudwara Road, Jani Bazar, P.S.- Sasaram (Town), District- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shyam Kishor Tiwari Son of Late Govind Tiwari R/O Mohalla- Gurudwara Road, Jani Bazar, P.S.- Sasaram (Town), District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Choubey, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, A.P.P.
For the Complainant :
Mr. Babu Nandan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsels for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 323, 341, 354, 379 of the Indian Penal Code.
3. It is alleged that on 28.04.2021, while the complainant had gone to perform marriage ceremony, all the accused persons including this petitioner entered into his house with arms and started abusing Ganga Devi (wife of the complainant). On protest, this petitioner assaulted her and snatched cash and other household articles on the point of pistol.
4. It is submitted that the petitioner is elder son of the
Patna High Court CR. MISC. No.26628 of 2023(2) dt.14-07-2023 2/2 complainant from his first wife and Ganga Devi is his stepmother. There is dispute regarding partition between the parties and with intention to deprive the petitioner from his share in ancestral property this false and concocted case has been filed against him. Petitioner is a disabled person and he lives in the same house with his father and step-mother.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Sasaram, Rohtas in connection with Complaint Case No. 336 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T