Nikke Awasthee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84740 of 2019 Arising Out of PS. Case No.-860 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NIKKE AWASTHEE Wife of Arvind Kumar Tiwari @ Arvind Kumar Daughter of Bimlendu Bhushan Awasthi, Resident of Mohalla - Awasthi Bhawan, Belwarganj, P.S.- Alamganj, P.O.- Gulzarbagh, District - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vishwanath Tiwari Son of Late Ram Prapann Tiwari Resident of Village - Karath, P.O. and P.S.- Karath, District - Bhojpur, Presently Magadh Colony, Road No.-7, P.S.- Magadh Medicals, District - Gaya. 3.
Yashoda Devi @ Yashoda Tiwari @ Yashoda Kumari Wife of Sri Vishwanath Tiwari Resident of Village - Karath, P.O. and P.S.- Karath, District - Bhojpur, Presently Magadh Colony, Road No.-7, P.S.- Magadh Medicals, District - Gaya.
4.
Avnish Kumar Tiwari @ Avnish Kumar @ Pappu Son of Sri Vishwanath Tiwari Resident of Village - Karath, P.O. and P.S.- Karath, District - Bhojpur, Presently Magadh Colony, Road No.-7, P.S.- Magadh Medicals, District - Gaya.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Chandra For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2020 This application has been filed for cancellation of the anticipatory bail granted to the O.P.no.2 to 4 vide order dated 7.9.2019 by the Addl Sessions Judge VI, Patna City in ABP No.6788 of 2019 in connection with Complaint Case NoCA No.860 of 2019 under Sections 468, 384, 494, 419, 120(B) and 498(A) of the IPC and Section 4 of the Dowry Prohibition Act..
Submission is that it is not a case under Section 498A of the IPC rather there is allegation of cheating and frauding the complainant by publishing advertisement in the papers showing
Patna High Court CR. MISC. No.84740 of 2019(2) dt.17-02-2020 2/2 the husband of the complainant as the Deck Officer in the Merchant Navy and all the accused persons are father, mother and the brother of the main accused i.e. husband of the complainant and they conspired in cheating the complainant and as such there is submission of cancellation of bail bond of the O.P.nos. 2 to 4.
Heard learned APP and perused the order from which it appears that the petitioners are father-in-law, mother-in-law and brother-in-law of the complainant. There was marriage between the complainant and Avnish Kumar Tiwari who is the son of the O.P.nos. 2 and 3 and considering the same learned Addl. Sessions Judge has granted anticipatory bail to the O.P.no.2 to 4 and there is no allegation of misuse of the privilege of the bail or tampering with the evidence. In view of the discussions made above, I am not inclined to interfere with the order granting anticipatory bail to O.P.no. 2 to 4. According, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T