Prabhu Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26884 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== Prabhu Giri , aged about 55 years, Male, S/O Paras Giri, Resident of Village - Kaithwaliya, P.S. - Yogapatti (Sanichari), District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2020 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Srinagar Yogapatti (Sanichari) P.S. Case No. 60 of 2020 registered for the offence under Section 302 / 328 / 120 (B) / 34 of the I.P.C.
The allegation as per the First Information Report is that the marriage of the informant's son was solemnized with the petitioner's daughter about 15 years ago and due to some matrimonial dispute, dowry case was going on between the parties. It has further been alleged that the son of the informant had given Rs. 15 Lakh to his in-laws but they again pressurized him to pay 5 Lakh for purchase of 5 katha of land in Sasural and
Patna High Court CR. MISC. No.26884 of 2020(4) dt.10-12-2020 2/3 it is further alleged that on repeated demand the deceased went to his in-laws' house on 21.02.2020 and informant received information that his son was killed by his in-laws by administering poison in the food of the son of the informant. Learned counsel for the petitioner submits that petitioner is the father- in -law of the deceased and the deceased has died in the residence of the petitioner inasmuch as on the fateful day the deceased had come to his house to meet his wife, who is residing in her parental home in drunken condition and started abusing and assaulting his wife- Sunita Devi for which Yogapatti (Sanichari) P.S. Case No. 463 of 2018 has been lodged on the same date of occurrence. Learned counsel further submits that during the course of investigation and the in the post mortem examination no sign of poison was found in the body of the deceased and the viscera has been preserved for further examination, report of which has not been received as yet.
On the other hand, learned counsel for the State referring to the case diary submits that the petitioner is the father- in- law of the deceased and the deceased was found dead in his home and some injuries have been found on the head of the deceased.
Patna High Court CR. MISC. No.26884 of 2020(4) dt.10-12-2020 3/3 Having regard to the submissions made by the parties and taking into consideration the materials available on record in totality and the fact that the petitioner is in custody since 23.02.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran / court concerned in connection with Srinagar Yogapatti (Sanichari) P.S. Case No. 60 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T