Anoop Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46597 of 2024 Arising Out of PS. Case No.-587 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Anoop Tiwary Son of Vijay Kant Tiwary, resident of village - Bankati Uttar Tola, P.S. - Baikunthpur, District - Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Putul Devi, wife of Anoop Tiwary, resident of village - Bankati Utar Tola, Police Station - Baikunthpur, District - Gopalganj. At Present daughter of Ramchandra Pandey, aresident of village - Rewatithgarh, Police Station - Baikunthpur, District - Gopalganj (Bihar) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Umesh Kumar Singh, Advocate.
For the State :
Mr. Pradeep Narain Kumar, APP For the Informant :
Mr. Saurabh Kumar, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant/Opposite Party No. 2.
2. The petitioner seeks bail, apprehending his arrest, in connection with Complaint Case No. 587 of 2023, Trial No. 2147 of 2024 filed for the offence punishable under Section 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
3. As per allegation, the petitioner has subjected his wife/complainant to cruelty after marriage on account of nonfulfillment of demand of dowry.
Patna High Court CR. MISC. No.46597 of 2024(3) dt.26-10-2024 2/3
4. Learned counsel for the petitioner as well as learned counsel for the complainant/wife informed that the matter has been settled and compromised between the parties and they are going to take needful step in the court below. Learned counsel for the petitioner/husband also states that the husband has undertaken to treat his wife well. Learned counsel for the complainant/wife also states that she is also ready to live with the petitioner/husband with all peace and dignity.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has got no criminal antecedent.
7. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gopalganj, in connection with Complaint Case No. 587 of 2023, Trial No.
Patna High Court CR. MISC. No.46597 of 2024(3) dt.26-10-2024 3/3 2147 of 2024 subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T