The Patna High Court granted bail to the petitioner, Rajesh Kumar Tiwary, in a case involving offences under IPC sections 304(B), 201, and 34 related to dowry death, directing him to furnish a bail bond of Rs. 10,000 with sureties.
Granted bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3559 of 2016
Arising Out of PS.Case No. -66 Year- 2015 Thana -DAUDPUR District- SARAN ====================================================== 1. RAJESH KUMAR TIWARY @ APPY TIWARY@RAJESH TIWARY Son of Byas Muni Tiwar, Resident of Village - Jaitpur P.S. Daudpur, District - Saran at Chapra. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Smt. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 4 01-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State. The petitioner seeks bail in a case for the offences punishable under sections 304 (B), 201 and 34 of the I.P.C Sarita Kumari, the daughter of the informant, was married to the petitioner on 04.06.2009 but allegedly the petitioner having illicit relationship with his Bhabhi and further due to non fulfillment of demand of Rs. 5,00,000/- she was being tortured and ultimately was killed by the petitioner and other in-laws and further her dead body was also cremated.
Submission is of false implication and that there was cordial relation between the petitioner and his wife, out of the
Patna High Court Cr.Misc. No.3559 of 2016 (4) dt.01-04-2016
2/3
wedlock there is daughter aged four years, the wife of the petitioner started suspecting that the petitioner has illicit relationship with his Bhabhi resulting there was some trivial dispute and for that she consumed poison, the petitioner brought her for treatment and due information was given to the informant, in presence of the informant the dead body was cremated but later on the informant lodged this false case, the witnesses Rajesh Pandey, Ram Niwas Pandey, Sri Ram Pandey, Fulena Pandey and Bachchapati Pandey, vide paragraphs- 46 to 50 of the case diary, have supported that the deceased consumed poison herself and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner is the husband and other witnesses have supported the prosecution version.
In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as the petitioner is directed to 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 C.J.M. Saran at Chapra in Daudpur P.S. Case No. 66 of 2015, subject to the conditions that one of the bailors must be a near relative and another having
Patna High Court Cr.Misc. No.3559 of 2016 (4) dt.01-04-2016
3/3
sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Abhay/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under sections 304(B), 201, and 34 of the IPC.
1 provisions across 1 enactments
Rajesh Kumar Tiwary @ Appy Tiwary
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
