Nand Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17773 of 2016 Arising Out of PS.Case No. -120 Year- 2011 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Nand Kumar Tiwary, Son of Raj Narayan Tiwary, Resident of VillageAjijpur, P.S Saraiya, District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Saraiya P.S. Case No. 120/11 for offences alleged under Sections 302 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that on 19.04.2011 at 6.00 A.M. he got information on his mobile that mother-in-law of his daughter has burnt her to death and when he reached there he found some burnt straw behind the house and in front of house gallon of kerosene oil and match box.

It has been submitted by the learned counsel for the petitioner that the petitioner resides at Giridih,

Patna High Court Cr.Misc. No.17773 of 2016 (2) dt.04-05-2016 2/3 was in a private job and that the petitioner is not named in the First Information Report. He further submits that the allegation is only against the mother-in-law of the deceased, who caused death of his wife Bina Kumari. It has further been submitted that there was no eye-witness to the said occurrence and later on the basis of protest petition informant has supplemented First Information Report and implicated the petitioner as an afterthought.

However, learned APP for the State submits that although the petitioner is not named in the First Information Report but the allegation is of very serious nature and the petitioner being the husband is not entitled to the privilege of anticipatory bail.

Since the petitioner is not named in the First Information Report and the allegation is only upon the motherin-law, who caused death of the informant's daughter, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur, in connection with Saraiya P.S. Case No.

Patna High Court Cr.Misc. No.17773 of 2016 (2) dt.04-05-2016 3/3 120/11, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T