Om Prakash Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.21322 of 2015 (2) dt.19-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21322 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -JALALPUR District- SARAN ====================================================== Om Prakash Tiwari son of Shambhu Tiwari resident of village Jagdeo Sirisiya, Police Station - Amnour, District - Saran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Kumar Singh, Adv For the Opposite Party/s : Mr. Rajendra Pd. Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 19-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-341, 323, 365, 498A, 504/34 of the Indian Penal Code and Section-3 /4 of the D.P. Act, this Court taking into account that not only the allegation made by the informant-father of the victim girl but also taking into account the statement of the victim girl under Section-164 of the Cr.P.C., will not be inclined to grant the privilege of anticipatory bail to the petitioner. The submission of learned counsel for the

Patna High Court Cr.Misc. No.21322 of 2015 (2) dt.19-08-2015 petitioner that the petitioner is ready to keep his wife Opposite Party No. 2, has to be read in the light of the specific allegations made by the wife-Opposite Party No. 2 in her statement under Section-164 Cr.P.C., and therefore, this Court will not be inclined to grant the privilege of anticipatory bail to the petitioner. That being so, the prayer for anticipatory bail of the petitioner is hereby rejected.

Nothing said in this order, however, will come in the way of the petitioner in surrendering before the Court below and seeking regular bail.

(Mihir Kumar Jha, J) Ranjan/- U