Bhim Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8297 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- GUTHANI District- Siwan ====================================================== Bhim Tiwari Son of Sri Ganga Sharan Tiwari @ Ganga Sagar Tiwari Resident of Village- Daraila P.S- Guthani, Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Ms. Asha Kumari, APP For the informant : Mr. Shailendra Kumar Dwivedi, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Guthani P.S. Case no. 100 of 2020 registered under sections 304B and 34 of the Indian Penal Code.

As per allegation in the F.I.R., the daughter of the informant who was married to the cousin brother of the petitioner herein was tortured by the nine named accused persons including the petitioner herein for non-fulfilment of dowry and done to death.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.8297 of 2021(3) dt.15-07-2021 2/3 that the petitioner happens to be the relative of the husband of the deceased. He is not part of the immediate family. He is separate in the mess and residence and has no concern with the affairs of the family. The allegations are general and omnibus in nature. The husband of the deceased is in custody. The petitioner is in custody since 30.7.2020 and investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the F.I.R. but there is direct allegation against him that he along with other accused persons assaulted and killed the daughter of the informant. It is prayed that the bail be rejected.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the relationship of the petitioner and the investigation in the case having concluded, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Guthani P.S. Case no. 100 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.8297 of 2021(3) dt.15-07-2021 3/3 learned Chief Judicial Magistrate, Siwan.

(Partha Sarthy, J) Bibhash U