Manjesh Tiwari @ Dablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67404 of 2021 Arising Out of PS. Case No.-241 Year-2020 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== MANJESH TIWARI @ DABLU Son of Late Vishwamohan Tiwari @ Late Bisvmohan Tiwari Resident of village- Hardiya, P.S.- Bhorey, DistrictGopalganj. ... ... Petitioner.

Versus

1.

The State of Bihar 2.

Sandhya Tiwari W/o Manjesh Tiwari @ Dablu Resident of village- Hardiya, P.S.- Bhorey, District- Gopalganj. At present daughter of Binod Kumar Tiwari, Resident of Village- Aghaila Mishra, P.S.- Vijaipur, DistrictGopalganj. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Lokesh Kumar Singh, Advocate For the O.P. No.2 : Mr. Nityanand Mishra, Advocate For the State :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in C. Case No. 241 of 2020, Trial No.3014 of 2021 registered for the offences punishable under Section 498A of the Indian Penal Code pending in the Court of learned Judicial Magistrate 1st

Patna High Court CR. MISC. No.67404 of 2021(2) dt.17-05-2022 2/3 Class, Gopalganj.

The petitioner is the husband of the complainant and he in association of his family members is said to have subjected the complainant to various sorts of torture and cruelty over non-fulfillment of demand of dowry and lastly ousted her from matrimonial home.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the victim is a quarrelsome woman and she avoids the company of her husband. The victim does not want to live at her matrimonial home and she is not able to get pregnancy after providing her treatment in this regard. Petitioner has no criminal antecedent. Learned APP for the State assisted by learned counsel for the opposite party no.2 vehemently opposing the bail petition submitted that the learned Judge, while rejecting the prayer for bail of the petitioner, has clearly stated in his order that the husband-petitioner does not want to keep his wife and his conduct before this Court is very rude. Hence, the petitioner does not deserve anticipatory bail.

Patna High Court CR. MISC. No.67404 of 2021(2) dt.17-05-2022 3/3 Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T