Manoj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37452 of 2023 Arising Out of PS. Case No.-141 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== Manoj Tiwari Son of Bhrigunath Tiwari Resident of Village - Jagarnatha, Hassanpur Mathiya, P.S. - Manjhagarh, Distt. - Gopalganj ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Setu Prateek, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 141 of 2021 registered for the offence under Sections 366 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The accused/petitioner is named in the F.I.R. and is in custody since 06.03.2023.

The allegation against the petitioner is to kidnap the daughter of informant alongwith other co-accused persons/family members, where the occurrence is arises out of non-fulfillment of demand of dowry as raised for Rs. 4 lacs in

Patna High Court CR. MISC. No.37452 of 2023(2) dt.03-07-2023 2/3 cash.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner falsely implicated with present case as he is not the member of matrimonial family of the daughter of informant. It is submitted that petitioner implicated with present case as he is the brother of co-accused, namely, Amrita Tiwari, who is landlord, where the daughter of informant was tenant with her husband. It is submitted that petitioner granted anticipatory bail by this Court through Cr. Misc. No. 35402 of 2022 dated 29.11.2022 but as he was arrested with Mashrakh P.S. Case No. 371 of 2022 within stipulated period of six weeks when he was to surrender before the learned Trial Court, subsequently, he was remanded in this case on 06.03.2023 and since then petitioner is in custody.

Learned APP, while opposing the prayer of bail fairly conceded that petitioner already granted anticipatory bail in this case by one of the learned co-ordinate Bench of this Court. Considering the facts and circumstances as mentioned above as petitioner has already granted anticipatory bail by one of the learned co-ordinate Bench of this Court, accordingly, petitioner above named, is directed to be released on bail in connection with Manjhargarh P.S. Case No. 141/2021 on

Patna High Court CR. MISC. No.37452 of 2023(2) dt.03-07-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T