Bhola Nath Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33608 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== 1.

Bhola Nath Tiwari, Son Of Baliram Tiwari Resident Of Village - Bhakharua, P.S. - Daudnagar, Distt. - Aurangabad 2.

Anita Devi, Wife Of Bhola Nath Tiwari Resident Of Village - Bhakharua, P.S. - Daudnagar, Distt. - Aurangabad 3.

Prity Kumari, Resident Of Village - Bhakharua, P.S. - Daudnagar, Distt. - Aurangabad 4.

Pushpa Kumari, Resident Of Village - Bhakharua, P.S. - Daudnagar, Distt. - Aurangabad ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anand Kumar Ojha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 498(A), 341, 323, 504, 506, 34 of the Indian Penal Code and Section 3/ 4 of the D. P. Act.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, being father-in-law, mother-in-law, unmarried sister-in-law and married sister-in-

Patna High Court CR. MISC. No.33608 of 2023(2) dt.11-07-2023 2/3 law.

It is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of demand of dowry and torture is not specific rather the petitioners have been implicated merely because they are parents and sisters of the husband of the informant. It is next submitted that whenever a dispute between the husband and the wife arises, the entire family members are implicated. It is next submitted that petitioners are separate in mess and property from the husband of the informant. It is next submitted that even the allegation of assault is not specific. The learned counsel further submits that the anticipatory bail application of the husband has been rejected by the learned District Court and he is availing his remedies available in law. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at

Patna High Court CR. MISC. No.33608 of 2023(2) dt.11-07-2023 3/3 Hajipur in connection with Lalganj P. S. Case No.335 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T