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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Kamlesh Kumar Tiwari @ Kamlesh Kumar Tiwary, son of late Mahabir Ram Tiwary – Appellant
Versus
State of Jharkhand – Respondent
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 statu
Anticipatory bail granted based on the petitioner's status and absence of necessity for arrest, with specific conditions for bail outlined.
The court granted anticipatory bail due to lack of prima facie evidence of abetment in a case involving allegations of dowry harassment and unnatural death.
The court granted anticipatory bail to the applicants, emphasizing the need for cooperation with the investigation and restrictions on witness contact.
The court ruled that allegations of dowry demand and torture, combined with the circumstances of an unnatural death, justify the presumption of guilt against the in-laws, warranting the denial of ant....
Anticipatory bail is denied due to serious allegations of deceitful sexual conduct, emphasizing the nature and gravity of the charges involved.
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