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Patna High CourtCR. MISC./25430/2021bail granted

Kamal Giri @ Kamala Giri v. The State Of Bihar

2022-01-28Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25430 of 2021 Arising Out of PS. Case No.-226 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== KAMAL GIRI @ KAMALA GIRI Son of Late Mangni Giri Resident of Village - Chintamanpur, P.o.- K.T.Bharauli, P.S.- Daraunda, Distt.- Siwan. (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Giri For the Opposite Party/s :

Ms. Meena Singh, APP .

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-01-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Sections 304(B), 120(B) and 34 of the Indian Penal Code, registered in connection with Daraunda P.S.Case No. 226 of 2020.

It is a case of dowry death. Co-accused Ashish Giri is the husband of the deceased and the FIR shows that the allegation of demand of dowry of a motor-cycle and a golden chain is only against co-accused Ashish Giri and not against

Patna High Court CR. MISC. No.25430 of 2021(2) dt.28-01-2022 2/2 other accused persons, but in the later part of the FIR, it has been mentioned that all the accused persons have committed the murder of the deceased Arti Kumari.

Considering the fact that the allegation of demand of a motor-cycle and a golden chain is only against co-accused Ashish Giri and not against other accused persons, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 IIIrd Additional District and Sessions Judge, Siwan in connection with Daraunda P.S.Case No. 226 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T