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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69775 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== JITENDRA KUMAR TIWARI @ JITENDRA TIWARI Son of Sri Kedar Nath Tiwari R/o Village-Vinod Khareya,P.S. Gopalpur,Distt.-Gopalganj.At preset Anushandhan Campus Sampurnanand Sanskrit Vishwa Vidalayua,Varanasi (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey For the Opposite Party/s :

Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party No. 2. The petitioner is apprehending his arrest in a case registered under Sections 498A, 376, 511, 313, 504, 506/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture and ill treated 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. As far as offence under section 376/511 IPC is concerned, same is superficial in nature. There is no medical examination report in support of offence under Section 313 IPC. Rest of the offences are triable by the Magistrate.

Patna High Court Cr.Misc. No.69775 of 2018(2) dt.27-11-2018 2/2 The petitioner is the father-in-law of the victim. The victim was in illicit releation with the elder son of the petitioner. Photographs were produced by the Counsel for the petitioner in support of his contention. The 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/F.I.R.

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 learned S.D.J.M., Siwan in connection with Siwan Mahila P.S. Case No. 22/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T