Shivendra Kumar Tiwari @ Shivendra Tiwari @ Golu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24855 of 2025 Arising Out of PS. Case No.-88 Year-2022 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Shivendra Kumar Tiwari @ Shivendra Tiwari @ Golu Tiwari S/O Nav Nath Tiwari Resident of Village- Rampur Khuthuriya, P.O and P.S- Bhatni, District- Deoria, Uttar Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Salik Mishra S/O Late Shivnath Mishra R/O Village- Aghaila Mishra, P.OBajudih Mahuan, P.S- Vijaipur, Distt.- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Nawal Kishore Singh, Advocate For the State :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Despite valid service of notice, nobody appears on behalf of the Opposite Party No. 2.

3. The petitioner apprehends arrest in a complaint case registered for the offences punishable under Sections 341, 323, 504, 506 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

4. The prosecution case, in brief, is that marriage of complainant was solemnized with this petitioner as per Hindu rites and rituals on 26.04.2021. It is alleged that after marriage, all the accused persons named in the complaint petition,

Patna High Court CR. MISC. No.24855 of 2025(3) dt.29-07-2025 2/3 including this petitioner, subjected complainant to torture and harassment due to non-fulfillment of demand of dowry.

5. It is submitted on behalf of petitioner that petitioner happens to be husband of the complainant and present case has been lodged due to petty family dispute. There is general and omnibus allegation. As a matter of fact, the petitioner at no point of time demanded any dowry or committed torture. It is further submitted that petitioner is ready to keep the complainant, as his wife, with full honour and dignity. It is next submitted that the case is triable by the Magistrate. In this connection, learned counsel for the petitioner has relied upon a judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. Petitioner claims clean antecedents.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of petitioner.

7. Considering the facts and circumstances of the case and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

8. Accordingly, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.24855 of 2025(3) dt.29-07-2025 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gopalganj in connection with Gopalganj Complaint Case No. 88 of 2022, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T