Ramesh Tiwary @ Mintu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Ramesh Tiwary @ Mintu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner upon arrest or surrender within six weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, in connection with Complaint Case No.94/2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in a case registered for offences under Sections 120(B), 341, 323, 379, 498(A), 384, 468, 469 and 34 IPC (Complaint Case No.94/2023, Aurangabad).

Court's answer

In the event of the petitioner's arrest or surrender before the learned Court below within a period of six weeks, he is to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each.

Ratio / Principle

The anticipatory bail release is made subject to the conditions laid down under Section 438(2) of the Cr.P.C., in connection with Complaint Case No.94/2023 pending before the trial court or its successor court.

Key takeaways

Because O.P. No.2 (the complainant) is deceased as per the office report dated 16.04.2024, the Court proceeded to decide the anticipatory bail application on merits.ratio¶18

Detailed headnote1 paragraphs

PATNA HIGH COURT (Satyavrat Verma, J.; oral order dated 06-05-2024) — Criminal Miscellaneous No.8780 of 2024, arising out of PS Case No.94 of 2023, Aurangabad Complaint Case. ANTICIPATORY BAIL GRANTED to Ramesh Tiwary @ Mintu Kumar, who apprehended arrest in a case registered under Sections 120(B), 341, 323, 379, 498(A), 384, 468, 469 and 34 of the Indian Penal Code (Complaint Case No.94/2023). The Court noted the office report dated 16.04.2024 recording the death of Opposite Party No.2 (Naina Tiwari @ Kumari Naina, the complainant-wife) and therefore decided the application on merits. Counsel submitted that the marriage solemnised on 30.04.2021 broke down within about three months when the wife left the matrimonial home, that she had an alleged pre-marital affair, and that the petitioner had already sought divorce through Matrimonial Case No.454/2022 before the Principal Judge, Family Court, Bhojpur at Ara on the ground of adultery, whereafter she instituted the present complaint implicating the petitioner and his family with general and omnibus allegations of demand of dowry and torture. The learned A.P.P. opposed the prayer. On arrest or surrender before the Court below within six weeks, the petitioner is to be released on anticipatory bail on a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8780 of 2024

Arising Out of PS. Case No.-94 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad

======================================================

Ramesh Tiwary @ Mintu Kumar Son Of Late Umashankar Tiwari Village -Udwant Nagar, Police Station -Udwant Nagar District -Bhojpur, Bihar

... ... Petitioner/s

Versus

The State of Bihar

Naina Tiwari @ Kumari Naina Wife Of Ramesh Tiwari @ Mintu Kumar @ Mintu Tiwari Resident Of Village- Singhari, Ps- Goh, Distt- Aurangabad

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Kumar Ravish For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 06-05-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 120(B), 341, 323, 379, 498(A), 384, 468, 469 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that from perusal of the office report dated 16.04.2024, it would manifest that the same records that O.P. No.2 has died.

Since the O.P. No.2 is no more, as such, the Court proceeds to decide the case on merits.

The learned counsel submits that petitioner was

Patna High Court CR. MISC. No.8780 of 2024(3) dt.06-05-2024 2/3

married to O.P. No.2 on 30.04.2021 and the O.P. No.2 left her matrimonial home after three months and went back her parental home, as she was not interested in the marriage with the petitioner, as she was having an affair prior to marriage as pleaded in para-11 and 12 of the anticipatory bail application, based on which, the petitioner had also filed Matrimonial Case No.454/2022 in the Court of learned Principal Judge, Family Court, Bhojpur at Ara, seeking divorce from the O.P. No.2 on the ground of adultery and it was thereafter the O.P. No.2 instituted the present criminal case implicating the petitioner and his family members with general and omnibus allegation of demand of dowry and torture.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case

Patna High Court CR. MISC. No.8780 of 2024(3) dt.06-05-2024 3/3

No.94/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

amit/-

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