Manohar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27540 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- MAHILA PS District- Khagaria ====================================================== 1.
Manohar Tiwari Son Of Late Ganesh Tiwari Village-Durgapur, Ward No. 7, P.S. Khagaria, Distt. Khagaria 2.
Rekha Devi Wife Of Manohar Tiwari Village-Durgapur, Ward No. 7, P.S. Khagaria, Distt. Khagaria 3.
Rajnish Kumar @ Rajnish Kumar Tiwari Son Of Manohar Tiwari VillageDurgapur, Ward No. 7, P.S. Khagaria, Distt. Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Ranjeet Kumar Singh, Advocate For the State :
Mr.Kumar Veerendra Narayan, APP For the informant :
Mr.Mrityunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 420, 493, 498, 506, 509/34 of the Indian Penal Code.
Prosecution case, in short, is that accused Prabhat Kumar Tiwari used to teach the children of the informant and thereafter the informant alongwith her four children had gone to Delhi with accused Prabhat Kumar Tiwari and thereupon, the accused sexually exploited her on the pretext of marriage and he also used to assault her. It is further alleged that when the informant
Patna High Court CR. MISC. No.27540 of 2023(2) dt.24-06-2023 2/3 returned to her husband's house, then again said accused enticed her. Said accused including the petitioners have cheated the informant and exploited her on the pretext of marriage. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present. The petitioners happen to be the father, mother and brother of accused Prabhat Kumar Tiwari. As per the allegation, accused Prabhat Kumar Tiwari used to teach the children of the informant and subsequently he established intimate relationship with the informant, which led to institution of the present case. case. The offences are triable by the Magistrate. On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.27540 of 2023(2) dt.24-06-2023 3/3 below/concerned Court in connection with Mahila P.S. case No.14/2022, G.R. No.1572/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T