Rama Shankar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74994 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- MANJHI District- Saran ====================================================== Rama Shankar Tiwari Son Of Late Ram Darsh Tiwari Resident Of VillageJaitiya, Tiwari Tola, P.S.- Manjhi, District- Saran At Chhapra ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
It is a case of dowry death due to non fulfillment of fulfillment of dowry demand. It is further alleged that with an intention to wipe off the evidence, petitioner and others cremated the dead body. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.74994 of 2022(3) dt.25-04-2023 2/3 petitioner that the petitioner is innocent and being the husband of the deceased, he has falsely been implicated in the present case. It is further submitted that at the time of occurrence, the petitioner was not present at the place of occurrence and he was in Gujarat. There is no independent witness of the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 22.03.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Manjhi P.S. Case No. 309 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.74994 of 2022(3) dt.25-04-2023 3/3 to the satisfaction of the learned A.D.J. XIII, Saran, Chhapra.
(Sunil Kumar Panwar, J) Nirajkrs/- U T