Ramji Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58649 of 2023 Arising Out of PS. Case No.-1168 Year-2010 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== 1.

RAMJI TIWARI S/o- LATE BAIJNATH TIWARI R/o- Marudeeh PoRamai Patti Ps- Badagaon Dist- Varanasi U.P 2.

Durgavati Devi wife of Late Banarsi Tiwari R/o- Marudeeh Po- Ramai Patti Ps- Badagaon Dist- Varanasi U.P ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The notice has validly been served upon the opposite party no.2, but nobody appears on her behalf.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 498 A of the Indian Penal Code and Section 4 of the D.P. Act.

3. All the F.I.R. named accused persons including these petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have tortured the complainant physically and mentally and ousted her from

Patna High Court CR. MISC. No.58649 of 2023(4) dt.14-12-2023 2/3 her matrimonial home.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioner no.1 is father-in-law of the complainant, whereas petitioner no.2 is maternal mother-in-law of the complainant. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have no concern with the daily affairs of the complainant and her husband. Petitioner have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.58649 of 2023(4) dt.14-12-2023 3/3 connection with Complaint Case No. 1168(C) of 2010, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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