Lalan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60524 of 2018 Arising Out of PS. Case No.-27 Year-2018 Thana- SAMASTIPUR GRP CASE DistrictSamastipur ====================================================== Lalan Tiwari S/o Nand Kishor Tiwari, R/o Vill.- Nathanpura, P.S.- G.B. Nagar Tarwara, District-Siwan. At present R/o Vill.- Sudeen Chowk, P.S.- K. Hat, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Choubey Jawahar For the Opposite Party/s :

Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner, learned APP for the State as well as counsel for the informant. The petitioner seeks bail in G.R.P. Samastipur P. S. Case No. 27 of 2018 instituted for the offence under Section(s) 304B and 120B/34 of the Indian Penal Code.

Petitioner is the Bhaisur of the deceased.

In the written report, it is alleged that the informant learnt from some co-passengers that this petitioner along with Nagendra Tiwary and two unknown persons had pushed her daughter from the running train and has left the train after pulling the chain. The informant searched her daughter and found her lying near the outer signal at Samastipur. She took her daughter to hospital for treatment where she died during

Patna High Court Cr.Misc. No.60524 of 2018(3) dt.29-10-2018 2/2 course of treatment.

Learned counsel for the informant has submitted that this petitioner was seen running away after leaving the train. Case diary has been received.

Learned counsel for the State after looking into the case diary has submitted that there is no any eye witness to support that victim was pushed by this petitioner from running train. The informant has alleged in the FIR that she learnt from unknown passengers that her daughter was pushed from the running train.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Rail, Samastipur in connection with G.R.P. Samastipur P. S. Case No. 27 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T