IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19591 of 2009 NAGENDRA TIWARI @ NARENDRA TIWARI Versus STATE OF BIHAR -------------- 2. 26.10.2009 This petition is for grant of provisional bail on the ground that the petitioner’s wife is ill and she attended for treatment of CAD (Awami) at Indira Gandhi Institute, Department of Cardiology at Patna and she has been advised to go A.I.I.M.S., Delhi for further treatment. The bail payer is made on the ground that the petitioner being the husband he has to take his wife for treatment. The case is under Section 364(A) and 120(B) of the Indian Penal Code. The petitioner’s prayer for bail has been rejected five times by this Court vide Annexure-A series on the ground that in view of the statement of witnesses as discussed that the petitioner was actively involved in the kidnapping of the school going boy. The involvement of the petitioner has been mentioned in the bail rejection order of this Court. It is also discussed that the petitioner had confessed his guilt. So far the ground for provisional bail is concerned, vide Annexure-A, the prescription of the said treatment is attached which mentions the ailment of hyper tension CAD (Awami) but it does not show any detailed treatment made by the Institute and the same appears to have been made - 2 - without any specific investigation even without admission of the patient for any treatment and it does not show any ailment of such nature which cannot be treated at Patna. In such view of the matters, I do not feel inclined to allow provisional bail to the petitioner. Accordingly, the prayer for provisional bail is rejected. (C.M. Prasad, J.) Ravi/-