Bipin Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1131 of 2017 Arising Out of PS.Case No. -39 Year- 2015 Thana -CHAKAMHESI District- SAMASTIPUR ====================================================== Bipin Tiwari, Son of Bankey Tiwari, Resident of Village Bhagipatti, P.S. Chakmehsi, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Chakmehsi P.S. Case No. 39 of 2015, registered under Section 302, 201, 120(B)/34 of the Indian Penal Code. The accusation is that the before 10 years, the marriage of the daughter of the informant namely Nutan Devi was solemnized with this petitioner, but she was being tortured by her husband and other in-laws due to non-fulfillment of demand of dowry. In the meantime, one son aged about 6 years and one daughter, aged about 2 years born out of her wedlock. On 03.12.2014, the informant received information on his mobile that her daughter has been killed by her husband and other in-laws, then she along with her relative went to her

Patna High Court Cr.Misc. No.1131 of 2017 (2) dt.16-01-2017 2/3 matrimonial house, where she saw the crimination of her daughter was being done at the bank of pound. Learned counsel for the petitioner submits that it would appear from the F.I.R. that on 03.12.2014 at the time of funeral ceremony of the wife of the petitioner, the informant, who is mother of the wife of the petitioner was present, but compliant petition has been filed by the informant on 15.01.2015 after one and half months, which is the basis of the F.I.R. Further submission is that it would appear from the F.I.R that the marriage of the daughter of the informant was performed with this petitioner before 10 years of the occurrence as such the offence of Section 304B will not be attracted.

Further submission is that, in fact, occurrence is said to be committed after 10 years of the marriage so no question arise about making demand of dowry from the daughter of the informant. Further submission is that deceased, wife of the petitioner, died due to falling down in the well at the time of taking water, funeral was performed in presence of the family members of the informant, but with ulterior motive, the present false case has been lodged. Further submission is that petitioner is in custody since 16.08.2016.

Having regard to the facts and the circumstances of

Patna High Court Cr.Misc. No.1131 of 2017 (2) dt.16-01-2017 3/3 the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the ACJM-2nd, Samastipur in connection with. (Rajendra Kumar Mishra, J) manish/- U T