← Library
Patna High CourtCR. MISC./43386/2017rejected

Sanjeet Giri v. The State Of Bihar

2017-10-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43386 of 2017 Arising Out of PS.Case No. -49 Year- 2015 Thana -PIPRIYA SAHAYAK District- LAKHISARAI ======================================================

1. Sanjeet Giri, Son of Late Kamleshwari Giri, Resident of Village- Balipur, Police Station- Pipariya, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabi Bhushan For the State : Mr. R.B. Roy 'Raman', APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Pipariya P.S. Case No. 49/2015, disclosing offence under Section 304(B)/34 of the Indian Penal Code.

The petitioner is the husband of the deceased. On reading of the F.I.R., though, I am, prima facie, of the view that there is no offence under Section 304B of the Indian Penal Code is made out in absence of any specific allegation of demand of dowry soon before the death of the deceased.

I am not inclined to entertain this application since the petitioner has approached for grant of anticipatory bail two years after registration of the F.I.R. before the court of learned

Patna High Court Cr.Misc. No.43386 of 2017 (2) dt.03-10-2017 2/2 Sessions Judge, Lakhisarai and thereafter before this Court. This application is, accordingly, rejected.

The petitioner is directed to surrender before the court below within a period of four weeks from today. If he does so, his application for regular bail shall be considered by the court below on its own merit without being prejudiced by the present order.

(Chakradhari Sharan Singh, J.) Rakhi U T