Patna High CourtCR. MISC./8140/2015bail granted

Kamlesh Tiwari @ Kamlesh Kumar Tiwari v. The State Of Bihar

2015-03-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8140 of 2015 Arising Out of PS.Case No. -48 Year- 2014 Thana -SIMRI District- DARBHANGA ======================================================

1. Kamlesh Tiwari @ Kamlesh Kumar Tiwari S/o Late Bhogi Tiwari @ Bhoi Tiwari, resident of village- Harpur, P.S.- Simri, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2015 Heard both sides.

The petitioner apprehends his arrest in Simri P.S. Case No. 48 of 2014, registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code. The informant father of the deceased alleged that his daughter was married to Ritesh Tiwari in the year 2009, but her husband and other in-laws were torturing her and they burnt his daughter to death.

Learned counsel for the petitioner submits that the petitioner is brother-in-law of the deceased. The marriage of the deceased was solemnized in the year 2009. The deceased got a son. She was never tortured by any person and the deceased got accidental fire and died.

Patna High Court Cr.Misc. No.8140 of 2015 (2) dt.02-03-2015 2/2 Considering the facts aforesaid and the fact that the petitioner is brother-in-law of the deceased and there is no specific allegation against the petitioner, he, 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, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri S.D. Ray, the learned Judicial Magistrate, 1st Class, Darbhanga in connection with Simri P.S. Case No. 48 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T