Manoj Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35402 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== MANOJ TIWARI S/O- BHRIGUNATH TIWARI R/O- JAGARNATHA, P.S.- MANJHAGARH, DIST.- GOPALGANJ ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366 and 34 of the Indian Penal Code and Sections 3/4 of D.P. Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his daughter was married to Vivek and were staying on rent in the house of Amrita Tiwari, where brother (petitioner) of Amrita along with Navin and other used to come regularly, further they didn't allow the informant to talk to her daughter unless dowry of Rs. 4 lakh is paid, further alleges that his daughter, for non-fulfillment of demand, has been kidnapped. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.35402 of 2022(2) dt.29-11-2022 2/3 petitioner has been falsely implicated in the present case, it is next submitted that victim along with Vivek was staying in the rented house of his sister (Amrita) and the petitioner used to come to visit his sister, it is next submitted that it absolutely does not stand to reason that when petitioner had no relation with Vivek why he would have demanded dowry on his behalf from the informant, it is next submitted that petitioner will not evade the law rather he will co-operate in the investigation and will present himself as and when required by the Investigating Officer of the case.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manjhagarh P.S. Case No. 141 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.35402 of 2022(2) dt.29-11-2022 3/3 Further, in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court that he will co-operate in the investigation and will present himself as and when required, is not co-operating in the investigation nor is appearing before him, the learned trial court after giving an opportunity of hearing to the petitioner shall pass an order in accordance with law and shall also have the liberty to cancel his bail bonds, the learned trial court is directed to send a copy of this order to the concerned P.S. (Satyavrat Verma, J) Shivam/- U T