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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53172 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- SANICHARI District- West Champaran ====================================================== Sandesh Kumar @ Sandesh Kumar Tiwari @ Sandesh Tiwari S/O Duryodhan Tiwari Village- Donwar Police Station- Sanichari, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections Section 304B/34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 23 years and the informant alleges that his daughter was married to Abhishek Tiwari about five years ago, further his daughter after marriage was kept well for three years and out of the wedlock, two children were born. It is next alleged that thereafter, for the last one year, the accused persons started demanding Rs.5 Lacs and 10 dhoors of land at Nawalpur, further on account of non-fulfilment of dowry demand, his

2/4 daughter was tortured and threatened that she would be killed and the victim used to inform the informant about the torture being meted out. It is further alleged that on 19-03-2024, the villagers informed that his daughter was killed, accordingly, he reached the place of occurrence and saw the dead body of his daughter lying, thereafter the dead body was sent for post mortem and thereafter, last rituals were performed, as such there was some delay in instituting the FIR.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicate in the instant case by the informant. It is next submitted that during the course of investigation, it transpired that some objectionable picture of the deceased with the petitioner was forwarded on the mobile of Arun Kumar, who also forwarded the said message to his friend. It is further submitted that on account of the video of the deceased becoming viral with the petitioner, the victim committed suicide. Learned counsel submits that no doubt from the objectionable picture, it appears that petitioner was having illicit relationship with the deceased, who was his cousin sisterin-law (bhabhi). It is next submitted that it does not appear probable that petitioner would have forwarded the objectionable picture on the mobile of Arun for the reason that petitioner

3/4 would never have wanted the husband of the deceased and his family members to know about their relationship. It is further submitted that petitioner denies the relationship and the objectionable picture, it may be AI generated, but then fairly submits that the picture became the proximate cause for the victim to take her life. It is also submitted that petitioner is in custody since 24-3-2025 and charge-sheet has been submitted. It is submitted that petitioner will not abscond rather will cooperate rather will cooperate in the trial to prove his innocence.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-five 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 Sanichari P.S. Case No. 10 of 2024.

7.

One of the bailors of the petitioner shall be his father, Duryodhan Tiwari.

8.

However, it is made clear that in the event, if the

4/4 learned trial court comes to a conclusion that petitioner after his release is trying to delay the framing of charge or after framing of charge is delaying the trial in any manner, in both the conditions the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Sumit/- U T