Sunil Tiwary @ Sunil Kumar Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48637 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -KORANSARAI District- BUXAR ====================================================== Sunil Tiwary @ Sunil Kumar Tiwari, Son of Sri Niwas Tiwary, resident of Village - Rajdiha, P.S. Dumraon, District - Buxar. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rajni Devi, wife of Sunil Tiwary @ Sunil Kumar Tiwari, D/o Sri Baban Pandey, at present resident of Village - Kachaninia, P.S. - Koransarai, District - Buxar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Adv. For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-06-2015 The petitioner figured as an accused in Koransarai P.S. Case No.24/14, registered for the offences punishable under Sections- 504, 323 and 498A/34 of I.P.C. and 3⁄4 of Dowry Prohibition Act. Apprehending his arrest, the petitioner filed A.B.P. No.397 of 2014 in the court of learned Sessions Judge, Buxar. The same was dismissed on 6.11.2014. Hence, this application for anticipatory bail under Section-438 of Cr.P.C.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Whether one goes by the nature of

Patna High Court Cr.Misc. No.48637 of 2014 (3) dt.25-06-2015 2/2 allegations or the law laid down by the Supreme Court in the recent past, the arrest of a person who figured as accused in a case wherein offences punishable under Section-498A of I.P.C. is alleged, is not at all warranted. Having gone into the facts and circumstances of the case, application is allowed. In the event of arrest, let the petitioner named above be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Buxar in connection with Koransarai P.S.

Case No.24/2014, subject to the conditions laid down under Section-438(2) of Cr.P.C.

(L. Narasimha Reddy,CJ) K.C.jha/- U T