Rohit Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35700 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- NASRIGANJ District- Rohtas ====================================================== Rohit Tiwari, Son of Ravindra Tiwari, Resident of Village - Chitaukhar, P.S.- Nasriganj, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 This is an application for grant of anticipatory bail in connection with Nasriganj P. S. Case No. 33 of 2019, disclosing offences under Sections 302/34 of IPC and Section 27 of the Arms Act.

As per prosecution case allegation against the petitioner and one other accused person is that earlier they have threatened the mother of the deceased, if she solemnize the marriage of the deceased, they will kill him. Later on, both persons, i.e., the mother of the deceased and deceased was found dead. It further appears that petitioner is an accused in one more case under Section 364 of IPC.

Submission of the learned counsel for the petitioner is that except suspicion there is nothing against the petitioner. As a matter of fact, the matter relates to the property dispute between the parties.

Patna High Court CR. MISC. No.35700 of 2019(3) dt.06-09-2019 2/2 Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that earlier to the occurrence that one accused has threatened to kill them and that appears from the materials collected during the course of investigation in this case. Moreover, the petitioner is an accused in one more case also, which has been mentioned in para 3 of the petition. Having heard both sides, considering the nature of the offence, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he may surrender before the learned court below and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T