Anand Kishor Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61222 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== ANAND KISHOR TIWARI Son of Late Devta Charan Tiwari Resident of Village-Niranjan Bigha (Panchvati Nagar), P.S.-Indrapuri Dehri, DistrictRohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RESHMA KUMARI Anand Kishore Tiwari Village-Niranjan Bigha Ward No.-38, P.S.-Dehri, Dist-Rohtas.

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP Mr.Upendra Kumar Chaubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. 2.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 498A, 354A of IPC and 3⁄4 of D.P. Act. 3.

As per the prosecution case, the complainant was married with one Neeraj Kumar and the accused persons used to torture her for demand of dowry and her father-in-law (petitioner) misbehaved with her.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive.

Patna High Court CR. MISC. No.61222 of 2023(2) dt.12-10-2023 2/2 No such occurrence, in the manner as alleged, has ever taken place. It is submitted that section 354(A) of the IPC is bailable and allegation of demand of dowry from the complainant is not specific against the petitioner. There is general and omnibus allegation of demand of dowry levelled against the entire family members of the petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for bail by submitting that there is specific allegation against the petitioner u/s 354(A) IPC. 6.

Having regard to the facts and circumstances of the case and considering that section 354(A) is bailable section, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sasaram Complaint Case No.70 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T