Gauri Shankar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15874 of 2016 Arising Out of PS.Case No. -251 Year- 2015 Thana -TARAIYA District- SARAN ====================================================== Gauri Shankar Giri, Son of Late Sita Ram Giri, Resident of Village - Bhagwatpur, P.S.- Taraiya, District - Saran at Chapra .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Dinesh Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in jail since 01.12.2015 in connection with Taraiya P.S. Case No. 251/15 for offences alleged under Sections 304-B, 201/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that he got information on 30.11.2015 that petitioner along with others have killed his daughter by putting her on fire. On such information he along with his family members and co-villagers reached the matrimonial house of his daughter but not found anyone in the house. Villagers informed the informant that the accused persons have killed his daughter and burnt the dead body. It has been submitted by the learned counsel for the petitioner that he, being the father-in-law, is innocent, there is

Patna High Court Cr.Misc. No.15874 of 2016 (3) dt.26-05-2016 2/2 no specific allegation upon the petitioner of killing the deceased, there is general and omnibus allegation against the in-laws of the deceased and none of the prosecution witnesses have supported the allegations. He further submits that as charge-sheet has already been submitted against the petitioner, hence, there is no chance of tampering with the evidence and that he has home and hearth in the village, hence, there is no chance of absconding. However, learned APP for the State submits that petitioner is named in the First Information Report and that the witnesses have stated that the room where the deceased was lying was closed and smoke was coming out of the room, hence, opposes the prayer for bail.

Be that as it may, since the petitioner is the fatherin-law and there is general and omnibus allegation, let petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Taraiya P.S. Case No.251/15. (Nilu Agrawal, J.) Rajesh/- U T