Kamlesh Kumar Tiwari @ Kamlesh Kumar Tiwary, son of late Mahabir Ram Tiwary v. State of Jharkhand
2025-05-07
ANANDA SEN
body2025
DigiLaw.ai
JUDGMENT : ANANDA SEN, J. Heard the parties. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioner apprehending his arrest for offences registered under Sections 85, 115(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 and section 3/4 of Dowry Prohibition Act. 3. Learned A.P.P. representing the State opposes the prayer for anticipatory bail. 4. The allegation against the petitioner is that he along with his family members tortured the informant in connection with demand of dowry and also attempted to commit murder of her. 5. Notice under section 41A Cr.PC has been issued to the petitioner which he has replied. Notice issued under section 41A of the Code of Criminal Procedure suggests that the petitioner need not be arrested. Further since notice under section 41A Cr.PC has been issued, it is also clear that it has also not been felt necessary by the investigating officer to arrest the petitioner. 6. Since the petitioner is in BSF and now he is in the border of Manipur it has been submitted that it is not possible to appear before the investigation officer personally. 7. Considering the status of the petitioner who is in border defending the country’s border, this Court finds it a fit case for grant of anticipatory bail to the petitioner. 8. Accordingly, this Anticipatory Bail Application stands allowed. The petitioner, above named, is directed to surrender before the learned court below within three months from the date of receipt of copy of this order and on the event of his surrender or arrest, he shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate 1 st Class at Hazaribagh, in connection with Hazaribagh Mahila (Sadar) P.S. Case No.12 of 2024, subject to the condition that one of the bailers should be a close relative of the petitioner and other should be a resident of State of Jharkhand, having sufficient landed property in his name or in the name of his ancestors in which he is having share and to that effect, he has to file an affidavit before the Trial Court indicating his share in the property. 9.
9. Further the petitioner shall also file an affidavit before the Court concerned to the effect that he will cooperative with the investigation.