Amit Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10696 of 2020 Arising Out of PS. Case No.-231 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Amit Giri Son of Muni Giri Resident of Village - Raghunathpur, Briti Tola, P.S.- Raghunathpur O.P., Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

04-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Turkauliya (Raghunathpur O.P.) P.S. Case No. 231 of 2019 registered for the offence under Sections 304(B), 120(B), 201, 34 of the Indian Penal Code.

As per prosecution case, it is case of dowry death due to non-fulfillment of demand of a 4-wheeler, as dowry and without any information to the informant side, the dead-body of deceased was disposed. Petitioner is said to be one of the covillagers of the accused persons, who participated in disposal of the dead-body of the deceased.

It is submitted on behalf of petitioner that petitioner is innocent and only on suspicion, he has been implicated in this

Patna High Court CR. MISC. No.10696 of 2020(3) dt.04-03-2020 2/2 case. Only allegation against the petitioner is that he participated in disposal of the dead-body of deceased, whereas, neither he has any concern with the accused persons nor he is relative of the accused. Petitioner was only a co-villager. Similarly situated co-accused namely Pappu Giri has already been granted anticipatory bail by this Court, vide order dated 18-11-2019 passed in Cr.Misc. No. 70470 of 2019 (Annexure - 2 to the petition). Petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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, Motihari, East Champaran in connection with Turkauliya (Raghunathpur O.P.) P.S. Case No. 231 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.)