Mahesh Giri And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10759 of 2019 Arising Out of PS. Case No.-19 Year-2017 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== 1.

MAHESH GIRI S/o Virendra Nath @ Birendra Giri 2.

Arun Giri Son of Virendra Nath @ Birendra Giri. Both residents of VillageChakiya, Dharampur, P.S.- Shiwaipatti, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 363, 302, 201/34 of the Indian Penal Code.

The F.I.R. would reveal that the daughter of the informant was kidnapped by some unknown person and later on her dead body was found. Suspicion is against the petitioners and others, as they are agnates of the family to be involved in the crime alleged.

Submission is that there is no direct evidence against the petitioners. Petitioners are in custody since 30.05.2018. Some other co-accused have been allowed bail by a

Patna High Court CR. MISC. No.10759 of 2019(4) dt.02-05-2019 2/2 co-ordinate Bench of this Court, vide Annexure 3, stating the fact that there is no direct evidence against the petitioner. Considering the facts aforesaid, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Shiwaipatti Police Station Case No.19 of 2017, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioners shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) abhishek/- U T