Vishwanath Giri @ Bishwanath Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34755 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- SIKARHATTA District- Bhojpur ====================================================== VISHWANATH GIRI @ BISHWANATH GIRI Son of Late Ramadhar Giri Resident of Village - Panwari Mathiwa, P.S.- Sikrahata, Distt - Bhojpur, Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiva Ranjan For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the father of the husband of the victim is languishing in custody since 07.02.2019 in a case registered for the offences punishable under Sections 304B and 201/34 of the IPC.

The prosecution case is that the daugher of the informant was married with Ranjeet Giri @ Gudi Giri, but subsequent to the marriage, further dowry demand of a motorcycle and cash amount was made and due to non-fulfillment of the same, all the in-laws family members including the petitioner killed the daughter of the informant.

It is submitted by learned counsel for the petitioner that thrust of the accusation is against the husband of the victim. The

Patna High Court CR. MISC. No.34755 of 2019(2) dt.28-05-2019 2/2 accusation against the petitioner is omnibus and general. It is further submitted that for the alleged occurrence of 22.12.2018, the FIR was lodged on 23.12.2018, and the same reached to the Court of learned SDJM on 02.01.2019, which suggests that by antedating, the FIR has been registered. The petitioner is a 70 years old person. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the thrust of accusation against the husband of the victim and the petitioner being an old person, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Ara, Bhojpur in connection with Sikrahta P.S. Case No. 101 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T