Basant Tiwari v. The State Of Bihar
Patna High Court Cr.Misc. No.51659 of 2014 (4) dt.14-05-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51659 of 2014 Arising Out of PS.Case No. -119 Year- 2005 Thana -MANJHI District- SARAN ======================================================
1. Basant Tiwari son of Surendra Tiwary, Resident of village- Ajouna, P.S. Manjhi, District- Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner apprehends his arrest in connection with Manjhi P.S. Case No. 119 of 2005 registered for the offences punishable under Sections 304B, 201, 149 of the Indian Penal Code.
At the very outset, it has been submitted that in this case after completing investigation final form was submitted finding the case not true vide annexure-2 but on the basis of protest petition cognizance has been taken resulting the petitioner is apprehending his arrest. In this case other co-accused have been allowed pre-arrest bail. The deceased died due to snake biting and, as such, the petitioner deserves sympathetic consideration to
Patna High Court Cr.Misc. No.51659 of 2014 (4) dt.14-05-2015 which learned APP fairly submits that in this case after completing investigation final form was submitted as the allegations have not been found true.
In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anchal Dwivedi, J. M. Ist Class, Saran at Chapra in U. T. No. 132 of 2010 arising out of Manjhi P.S. Case No. 119 of 2005, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T