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Patna High CourtCR. MISC./17478/2022bail rejected

Chandan Giri @ Chandan Kumar Giri v. The State Of Bihar

2022-12-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17478 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== CHANDAN GIRI @ CHANDAN KUMAR GIRI Son of Ramanand Giri Resident of Village - Raypur, P.s.- Sarairanjan, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2022 No one appears for the petitioner. Learned APP for the State is present through video conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under section 304B and other allied sections of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, the informant / victim states that on her asking her husband not to abuse her family members, her mother-in-law, father-in-law and brother-in-law started to abuse her and she was burnt to death by her motherin-law by pouring kerosene oil on her body and lighting up the same.

On perusal of the contents of the petition it transpires that the case of the petitioner is that he happens to be the

Patna High Court CR. MISC. No.17478 of 2022(3) dt.23-12-2022 2/2 husband of the informant. No occurrence as alleged in the FIR took place. There is no allegation against the petitioner (husband) of setting the informant on fire. The informant died in an accidental fire which took place while she was cooking food. The petitioner is in custody since 8.9.2021 and has no criminal antecedent.

Having heard learned APP for the State and having perused the material on record including the police case diary, in view of the nature of allegation against the petitioner who happens to the husband of the informant/deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Spd/- U T