Rajani Tiwary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26605 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -NAYAGAON District- SARAN ======================================================

1. Rajani Tiwary wife of Triloki Nath Tiwary

2. Triloki Nath Tiwary Son of Late Ram Prasad Tiwary, resident of Village Jaitpur, P.S.- Daudpur, District- Saran, presently residing at 14 Janta Flats, G.T.B. Enclave, Dilshad Garden, Delhi. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Dhananjay Mishra, Advocate For the Opposite Party : Mr. Sri Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-10-2016 Heard learned counsels for the petitioners and the State. The petitioners being the sister and brother-in-law of the deceased are apprehending arrest in a case registered for the offences punishable under Sections 498(A), 307, 325/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act. The prosecution case as per the fardbeyan of Rima Devi is to the effect that on 28.03.2016 at 10 A.M., the informant's husband Abhishek Kumar Tiwari @ Guddu, brother of the informant's husband, namely, Ashish, Aman Tiwary @ Mintu, mother-in-law Mina Devi, petitioner no.2 and Rajni Tiwari assaulted the informant and uprooted her teeth. On the order of petitioner no.2 co-accused Ashish and Aman Tiwary poured

Patna High Court Cr.Misc. No.26605 of 2016 (5) dt.03-10-2016 2/2 kerosene oil on the informant and co-accused Mina Devi lit the fire causing grievous burn injuries to the informant. It is submitted by learned counsel for the petitioners that the informant's married with Abhishek Kumar Tiwary @ Guddu in May, 2015 is admitted. The petitioners are sister and brother-inlaw of the husband of the informant. They claimed to be at Deoghar on the alleged date of occurrence.

It is submitted by learned counsel for the Informant that as per the fardbeyan of the informant itself the assault was made by all the accused persons including the petitioners on the order of petitioner no.2. The postmortem report corroborates the accusation levelled against the petitioners.

Considering the nature of accusation, this Court is not inclined to grant the anticipatory bail of the petitioners. Accordingly, the prayer for anticipatory bail is rejected. (Dinesh Kumar Singh, J) B.Kr./- T