Sanjay Tiwari @ Sanjay Kumar Tiwari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2971 of 2017 Arising Out of PS.Case No. -228 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sanjay Tiwari @ Sanjay Kumar Tiwari, son of Kamal Kishore Tiwari,

2. Pammi Devi, wife of Anand Tiwari Both are resident of VillageSambhu Chak, P.S.- Kalyan Pur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/498A/120B/420/34 of the Indian Penal Code. Victim Sunita Devi was married with Sanjay Tiwari in the year 2006. She was mother of two children. There is allegation of demand of dowry and torture for the same. Allegation is that on 25.06.2015 the victim was done to death by pouring kerosene oil as she has seen the petitioners in compromising position. Petitioner No.2 is the bhabhi of petitioner No.1.

Patna High Court Cr.Misc. No.2971 of 2017 (3) dt.23-03-2017 2/2 Submission of petitioner is that statement of the victim was recorded by the police on 31.08.2015, during investigation of the case, wherein she stated that she sustained burn injury while heating milk. The F.I.R. was lodged on 08.08.2015.

Considering the entire suspicious facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Motihari, East Champaran/Successor Court in connection with Kalyanpur Police Station Case No.228 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioners in this case. (Birendra Kumar, J) Mkr./- U T