Prince Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64366 of 2024 Arising Out of PS. Case No.-509 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Prince Tiwari S/O Radheshyam Tiwari @ Radhe Shyam Tiwari R/O VillagePadukiya, P.O- Chaubey Tola, P.S- Chanpatiya, Distt.- West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jyoti @ Pallavi @ Jyoti Tiwari @ Pallavi Tiwari W/O Prince Tiwari, D/O Krishnakant Tiwari R/O Village- Padukiya, P.S- Chanpatiya, Distt.- West Champaran. Present Address- Village- Basantpur, P.S- Sathi, Distt.- West Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2025
1. Heard learned Counsel for the petitioner, learned Counsel for the complainant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Chanpatiya P.S. Case No. 509 of 2023, registered for the offences punishable under Sections 341, 342, 323, 307, 406, 498(A), 504, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per the prosecution case, O.P. No. 2 solemnized marriage with the petitioner on 31.01.2023. Her father
2/4 gave Rs. 6 lakhs, jewelry, and household items as dowry. O.P. No. 2 was later subjected to physical and mental abuse by her in-laws, who pressured her to get land transferred from her father. When she refused, they demanded a Bullet motorcycle and assaulted her. On 29.05.2023, the accused allegedly tried to burn her alive after tying her up, but neighbors intervened and saved her. Her jewelry and clothes were withheld, and she was ousted from her matrimonial home.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/or decided between the parties.
5. Learned Counsel for the complainant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed
3/4 to deposit the said amount of Rs. 3,000/- per month in the bank account of the complainant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.
6. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Chanpatiya P.S. Case No. 509 of 2023.
9. This is subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- per month in the bank
4/4 account of Opposite Party No. 2, staring from 10th June, 2025.
(Anil Kumar Sinha, J) HarshPandey/- U T