Ashok Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49553 of 2017 Arising Out of PS. Case No.-588 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Ashok Tiwary son of late Kamala Tiwary, resident of village Rampur, P.S. Patkhauli Laukariya, District West Champaran ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Sabita Devi wife of Ashok Tiwary, D/o late Yugal Kishore Pandey, resident of village Rampur Naya Gain, P.S. Patkhauli Laukhariya, District West Champaran, at present resident of village Yamunapur, P.S. Laukariya, District West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithvi Nath Mishra For the Opposite Party/s :

Mr. SRI DILIP KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 323, 341, 498A, 384 and 504/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The

Patna High Court Cr.Misc. No.49553 of 2017(2) dt.17-10-2017 2/2 petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shree Sandip Patel, Judicial Magistrate, Bagaha, West Champaran in connection with Trial No.6418 of 2016 arising out of Complaint case No.588 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T