Patna High CourtCR. MISC./19560/2016bail granted

Nawal Tiwari v. The State Of Bihar

2016-10-17Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.19560 of 2016 (5) dt.17-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19560 of 2016 Arising Out of PS.Case No. -9 Year- 2003 Thana -KAHAIYA District- MUZAFFARPUR ======================================================

1. Nawal Tiwari Son of Chandrika Tiwary, Resident of Village - Bangra, P.S. - Deoariya, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Thakur For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Kathaiya P.S. Case No. 09 of 2003 for the offences registered under Sections 365 and 366/34 of the Indian Penal Code. After hearing learned counsel for the petitioner, learned counsel for the State and on perusal of the case diary, it appears that the victim lady had herself gone away and married with one Manoj Singh and is living happily with him. The said fact is evident from paragraph -113 of the case diary and also finds place in her statement made under Section 164 Cr. P.C. wherein she has categorically stated that she herself married with one Manoj Singh.

Patna High Court Cr.Misc. No.19560 of 2016 (5) dt.17-10-2016 Considering the nature of allegation and that the petitioner has no role to play, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Muzuffarpur in connection with Kathaiya P.S. Case No. 9 of 2003 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T