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Patna High CourtCR. MISC./3981/2015dismissed

Ajay Kumar Tiwary @ Ajay Tiwari v. The State Of Bihar

2015-03-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3981 of 2015 Arising Out of PS.Case No. -107 Year- 2005 Thana -MAIRWA District- SIWAN ======================================================

1. Ajay Kumar Tiwary @ Ajay Tiwari S/O Sri Maksudan Tiwary Resident of vill-Karun,P.S-Darauli,Distt.-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Ram Sumiran Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2015 Heard both sides.

The petitioner apprehends his arrest in Mairwa P.S. Case No. 107 of 2005, registered for the offences punishable under Sections 304B and other Sections of the Indian Penal Code. The niece of the informant was married to the petitioner on 24.06.2004, but Manju Kumari was done to death within one and half years of her marriage.

Learned counsel for the petitioner submits that the petitioner is of course the husband of the deceased, but the main allegation is made against Maksudan Tiwary the father-in-law of the deceased that he used to demand additional dowry. It is further submitted that Poonam Tiwary @ Poonam Devi and Bhanmati Devi have been granted anticipatory and regular bail.

Patna High Court Cr.Misc. No.3981 of 2015 (3) dt.10-03-2015 2/2 It appears from the records itself that the petitioner and others are alleged to have demanded additional dowry. The wife of the petitioner was killed within 11⁄2 years of her marriage with the petitioner. The occurrence is of the year 2005 and after more than nine years the petitioner has moved for anticipatory bail. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T