IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.190 of 2009
SANJAY TIWARY
Versus
STATE OF BIHAR
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3. 10.02.2011 I.A.No.229 of 2010 is a petition for bail of appellant
Sanjay Tiwary who stands convicted u/s.
Heard.
Learned counsel for the appellant submits that bail
prayer of the appellant was earlier rejected by this Court vide
order dated 18th March 2009 in view of the allegation and
evidence, particularly of P.W.4, the victim, but with liberty to
renew his prayer for bail, if there is undue delay in the hearing of
this appeal.
Learned counsel submits that nearly 2 years have
elapsed since the date of earlier order i.e. 18th March 2009 but his
appeal has not been listed for hearing nor there is any likelihood
of its listing in near figure. Further submission is that the appellant
is the cousin brother of the informant, the husband of the victim.
Referring the evidence of the victim, P.W.4 at Annexure-1,
learned counsel submits that the victim who is the Bhabhi of the
informant has stated at Para-5 that due to some dispute with her
husband, she had herself left the house and had gone to her Maika
and she had come back after 2-3 days and that she had given her
earlier statement before the Magistrate u/s 164 Cr.P.C. and on
consideration and persuasion of her husband. Learned counsel
submits that this evidence of the victim was not pointed out to the
court earlier when the appellant’ bail prayer was rejected on 18th
March 2009. It is also submitted that the appellant has remained
2
in custody for 3 years and 8 months.
In the circumstance, during the pendency of this
appeal, appellant Sanjay Tiwary is admitted to bail on his
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the trial court
i.e., Addl. Sessions Judge, cum F.T.C.I, Motihari in S.T.No. 757
of 2007/43 of 2007.
(C.M.Prasad,J)
Jay/