Digvijay Tiwari @ Digvijay Kumar Tiwari @ Digvijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26301 of 2019 Arising Out of PS. Case No.-96 Year-2016 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Digvijay Tiwari @ Digvijay Kumar Tiwari @ Digvijay Kumar S/o Somnath Tiwari R/o village- Dighi 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 For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304B, 201/34 of the Indian Penal Code. Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 29-09-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. At the time of occurrence, the child of the petitioner was hardly six months old. The child is

Patna High Court CR. MISC. No.26301 of 2019(4) dt.08-07-2019 2/2 residing with the parents of the petitioner. The wife of the petitioner had left the house out of her own will and thereafter, she did not return. Not a single witness from the P.O. has been examined in course of investigation. Witnesses are in-laws of this petitioner. There is no evidence in the case diary to suggest that the dead body of the deceased has been concealed or cremated by the petitioner or his family members. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Hajipur Sadar P.S. Case No. 96 of 2016 is rejected at this stage . (Sudhir Singh, J) A.K.V.//- U T