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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45571 of 2022 Arising Out of PS. Case No.-210 Year-2021 Thana- SATHI District- West Champaran ====================================================== BRIJESH TIWARI @ BRIJESH KUMAR TIWARI Son of Late Vashishth Tiwari Resident of Village - Pakari Dhala, P.S.- Shikarpur, District - West Champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upadhyay Saurabh Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 365 and 34 of the Indian Penal Code and Section 8/12 of the POCSO Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his two minor daughters were kidnapped by the accused persons including the petitioner.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and one of the daughters of the informant was in love with Bulbul Shukla and had gone with him on her own volition. He further submits that the victims have come back and their statements were recorded under Section 164 Cr.P.C. in which the victims have not

Patna High Court CR. MISC. No.45571 of 2022(2) dt.22-12-2022 2/2 taken the name of the petitioner, he thus submits that since the victims have not taken the name of the petitioner which amply demonstrates about the false implication of the petitioner, it is next submitted that similarly situated co-accused Vijay Shukla and Guddu Shukla have been granted anticipatory bail by order dated 20.09.2022 in Criminal Miscellaneous No. 48374 of 2022. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sathi P.S. Case No. 210 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T