Vivekanand Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47007 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VIVEKANAND TIWARI Son of Raja Ram Tiwari, Resident of Village and P.O.-Jaunapur, District-Samastipur, at present Block Kursakata, DistrictAraria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Khushboo Kumari W/o Vivekanand Tiwari, D/o Davendra Pandey, Resident of Village-Akbar Malahi, P.O and P.S-Sarai, District-Vaishali and at present Khajanchi Road, Near Hanuman Mandir P.S.- Pirbahor, District-Patna (Bihar).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No. 162 of 2019 registered for offence punishable under sections 498 (A) and 323 of the Indian Penal Code.

It has been alleged that the marriage of the complainant was solemnised with Vivekanand Tiwari (petitioner). After marriage, she went to her Sasural where family members started teasing and making sarcastic comment about the colour of her face, where she was feeling like

Patna High Court CR. MISC. No.47007 of 2019(2) dt.30-07-2019 2/2 stranger. No one was coming forward with any solace and sympathy and for that the complainant has filed an application for divorce.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Patna in connection with Complaint Case No.162 of 2019, subject to the conditions as laid down under section 438Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T