Rajesh Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33889 of 2024 Arising Out of PS. Case No.-358 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== 1.
RAJESH GIRI SON OF SRI INDRADEV GIRI RESIDENT OF MOHALLA - MARANPUR, (BRAHAMYONI), P.S. - VISHNUPAD, DISTRICT - GAYA 2.
GAURAV KUMAR SON OF YOGENDRA PRASAD SINHA RESIDENT OF MOHALLA - MARANPUR, (BRAHAMYONI), P.S. - VISHNUPAD, DISTRICT - GAYA 3.
ANIL GIRI SON OF VASTAW GIRI RESIDENT OF MOHALLA - MARANPUR, (BRAHAMYONI), P.S. - VISHNUPAD, DISTRICT - GAYA 4.
SUNDAR KUMAR SON OF ANIL GIRI RESIDENT OF MOHALLA - MARANPUR, (BRAHAMYONI), P.S. - VISHNUPAD, DISTRICT - GAYA 5.
YOGENDRA RAVIDAS @ MATAR DAS SON OF SAKHICHAND RAVIDAS RESIDENT OF MOHALLA - MARANPUR, (BRAHAMYONI), P.S. - VISHNUPAD, DISTRICT - GAYA 6.
SURENDRA KUMAR SON OF YOGENDRA RAVIDAS RESIDENT OF MOHALLA - MARANPUR, (BRAHAMYONI), P.S. - VISHNUPAD, DISTRICT - GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar , Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad , APP For informant :
Mr. Mritunjay Kumar , Advocate Mr. Vivek Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-05-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 341 , 342, 447, 323 , 354, 354(b) of the Indian Penal Code .
3. As per the prosecution case, on the written
Patna High Court CR. MISC. No.33889 of 2024(2) dt.22-05-2024 2/3 information of informant Rinki Devi that she is worker of SKS Micro and Mini Finance Company and Aruna Devi who had taken loan from the aforesaid company and due to reminder of loan one Aruna Devi has committed suicide by consuming poison and later on some antisocial people kept her dead body on the road in front of the house of the informant. It is further alleged that these petitioners along with other co-accused persons forcibly entered the house of informant and assaulted her by means of lathi, danda, bricks and slapped and also outraged her modesty and also took away ornaments from the house of informant.
4. It is submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case. From a bare perusal of the F.I.R., it appears that the deceased has committed suicide by consuming poison, as she was not in a position to repay the loan amount. There is no direct or indirect role of these petitioners in causing death of the deceased. The allegation against these petitioners is general and omnibus, and no overt act is alleged against them. The injury sustained by the informant is simple in nature. Rest of allegations are ornamental to make the grave in nature.
5. Learned counsel for the State and informant oppose
Patna High Court CR. MISC. No.33889 of 2024(2) dt.22-05-2024 3/3 the bail petition.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Vishnupad P.S. Case No. 358 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T