Ravi Prakash Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30848 of 2024 Arising Out of PS. Case No.-603 Year-2022 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Ravi Prakash Tiwary Son Of Sri Chandra Prakash Tiwari @ Mohan Tiwary House No.- C.K. 9/3 Marni Kanika Ghat, P.S.- Chowk, Dist- Varanasi, Uttar Pradesh ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shweta Tiwary Wife Of Ravi Prakash Tiwary, Daughter Of Satyendra Nath Tiwary Village- Saidpur, Near H.P. Gas Agency, P.S.-, Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghwendra Pratap Singh, Adv.
For the Opposite Party/s :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 11-02-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Complaint Case No. 603 of 2022 for the offence under Section 498 (A) of the I.P.C.
3. As per the prosecution story, the marriage of complainant - Shweta Tiwari was solemnized with the petitioner - Ravi Prakash Tiwari on 06.05.2015. At the time of marriage, cash Rs. 2,51,000/-, golden ornaments, furniture, and some additional cash for other expenses were given to petitioner as gift. After ten days of marriage, the complainant was
2/4 subjected to torture and cruelty for dowry by the accused persons and they started demanding Rs. 4,00,000/- cash from the parents of complainant for doing business. Complainant has one female child out of this wedlock. It is also alleged that the complainant's father has given Rs. 1,00,000/- so that his daughter may settle at her matrimonial home and ultimately, the complainant was sent back to her parental home due to nonfulfillment of demand of dowry.
4. During course of argument learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence and has falsely been implicated in this case. He submits that Divorce Case is already filed before the Court of Principal Judge, Family Court, Varanasi on 26.11.2022 vide Divorce Case No. 1822 of 2021. It is also submitted that as per his information, maintenance case is also filed by the complainant against him in which he has not appeared and not paying any amount of maintenance. He is ready to pay Rs. 5000/- per month for maintenance of his wife and minor daughter. The aforesaid amount will be adjusted against any amount passed in any maintenance or other case.
5. Learned APP opposes the prayer for anticipatory bail.
3/4
6. Keeping in view the aforesaid facts, this Court is inclined to grant him the privilege of anticipatory bail provisionally.
7. At the time of filing the bail bond petitioner shall deposit the above two months maintenance amount in the Civil Court. Petitioner shall deposit the above maintenance amount in every month before the Trial Court which will be withdrawn by the complainant and the same shall be adjusted towards any further maintenance order.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M., 1st Vaishali at Hajipur in connection with Complaint Case No. 603 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
4/4 bail bond by the Trial Court itself.
(S. B. Pd. Singh, J) prabhakar/- U T