Shyam Bihari Tiwary And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47305 of 2018 Arising Out of PS. Case No.-732 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ======================================================

1. Shyam Bihari Tiwary, Son of Late Ram Sakal Tiwary.

2. Sima Devi, Wife of Shyam Bihari Tiwary.

3. Mannu Tiwary, Son of Shyam Bihari Tiwary. All resident of Village- Nonar, Post Office- Tulsi Ashram, Police StationSakaldiha, District- Chandauli (U.P.). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Puja Devi, Wife of Sonu Tiwari, Daughter of Vijay Shankar Chaubey, resident of Village- Parsathuan, Post Office- Dangari, Police Station- Kochas (Parsathuan), District- Rohtas.

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 498A of the Indian Penal Code. Allegation against the petitioners is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in-laws. They have falsely been

Patna High Court Cr.Misc. No.47305 of 2018(2) dt.02-08-2018 2/2 implicated in the present case due to petty family dispute. The case is triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, 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 A.C.J.M. Sasaram in connection with Complaint Case No. 732 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T