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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5975 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== Gokul Tiwari @ Gokul Kumar Tiwari, son of Late Balram Tiwari, resident of Siddhnath Gath (Buxar), P.S.- Town (Buxar), District- Buxar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gopal Swaroop Dubey, Advocate For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Buxar (Town) P.S. Case No. 04 of 2016 (G.R. No. 10 of 2006), disclosing offences under Sections 363 and 365 of the Indian Penal Code.

By an order dated 24.02.2016, the petitioner was granted provisional bail in the event of his arrest. It is submitted on behalf of the petitioner that merely on the basis of suspicion, the First Information Report has been instituted. He submits that the husband of the informant had worked as cleaner of the truck owned by the petitioner. On the allegation that he is missing, the present case has been instituted.

Patna High Court Cr.Misc. No.5975 of 2016 (3) dt.11-05-2016 2/2 No motive has been attributed to the present petitioner, which could have been reason for his concealment or killing of the husband of the informant.

Considering the submissions as advanced on behalf of the petitioner and the nature of allegation made in the First Information Report, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 04 of 2016 (G.R. No. 10 of 2006), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T