Amresh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56563 of 2017 Arising Out of PS.Case No. -65 Year- 2014 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Amresh Giri S/o Lala Giri, R/o Village- Rasalpur, P.S.- Jandaha, DistrictVaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Navesh Nandan For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jandaha PS case no. 65 of 2014 registered for the offences punishable under Sections 302, 328/34 of Indian Penal Code.

The allegation according to the informant is that on 13.03.2014, her husband had gone to the house of one Sundeshwar Giri to demand his money however, all the accused persons assaulted the husband of the informant and administered poison to him resulting in the death of the husband of the informant during the course of treatment on 14.03.2014.

The learned counsel for the petitioner submits that the allegations are general and omnibus in nature and infact, the informant, in her statement under Section 164 of Code of Criminal

Patna High Court Cr.Misc. No.56563 of 2017 (3) dt.05-01-2018 2/2 Procedure, has stated that she had come to know about the alleged occurrence from the villagers and had then filed the F.I.R. It is further submitted that in the post-mortem report, no external injury has been found. It is further submitted that all the other accused persons except the petitioner have been granted regular bail by the learned trial court. Lastly, it is submitted that the petitioner has a clean antecedent and has been falsely implicated in the present case.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. I direct that the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hazipur in connection with Jandaha PS case no. 65 of 2014 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T