Patna High CourtCR. MISC./61700/2018bail granted

Dinanath Tiwari And ANR v. State Of Bihar And ANR

2018-11-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61700 of 2018 Arising Out of PS. Case No.-67 Year-2015 Thana- MAHARAJGANJ District- Siwan ======================================================

1. Dinanath Tiwari S/o Late Ganesh Tiwari

2. Fulmati Devi, W/o Dinanath Tiwari Both Resident of VillageRishauta Tiwari Tola, P.S. Maharajganj, District- Siwan. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Manoj Pathak, S/o Radhey Pathak, Resident of Village- Karpalia, P.S. Goriakothi, District Siwan.

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

For the Petitioner/s :

Md. Aslam Ansari, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-11-2018 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 498A, 302, 201, 511/34 of the Indian Penal Code. The complaint based allegation would reveal that marriage of the victim was solemnized in the year 2001. Thereafter, she was tortured for non-fulfillment of the dowry demand and subsequently her murder was committed. Husband of the victim is already in custody Submission is that just to pressurize general and omnibus allegation has been leveled after about 15 years of

Patna High Court Cr.Misc. No.61700 of 2018(2) dt.29-11-2018 2/2 marriage.

Considering the facts aforesaid, 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 bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Maharajganj Police Station Case No. 67 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./banti U T