Kanhaiya Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32679 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- GUTHANI District- Siwan ====================================================== 1.
KANHAIYA GIRI S/o Late Ramakant Giri R/o village- Belaud, Mathiya, P.S.- Guthani, District- Siwan 2.
JAYWANTI DEVI W/o Kanhaiya Giri R/o village- Belaud, Mathiya, P.S.- Guthani, District- Siwan 3.
AMAN KUMAR GIRI S/o Kanhaiya Giri R/o village- Belaud, Mathiya, P.S.- Guthani, District- Siwan 4.
CHANDANI DEVI @ SITAL KUMARI GIRI D/o Kanhaiya Giri R/o village- Belaud, Mathiya, P.S.- Guthani, District- Siwan 5.
MANOJ GIRI S/o Dhangur Giri R/o village- Belaud, Mathiya, P.S.- Guthani, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh For the Opposite Party/s :
Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Guthani P.S. Case no. 75 of 2022 instituted for the offence under Sections 304(B), 302, 201, 34 of the Indian Penal Code. As per allegation in the FIR, the marriage of the informant's daughter was solemnized with Abhinandan Giri but after that these petitioners demanded four wheeler vehicle as
Patna High Court CR. MISC. No.32679 of 2022(2) dt.23-11-2022 2/3 dowry and due to non-fulfillment of their demand they started torturing the informant's daughter. It is further alleged that they assaulted his daughter and killed her to set her on fire pouring the kerosene oil.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. It is further submitted that these petitioners are in-laws and family members of the deceased due to which they have falsely been made accused in this case. They were living separately from deceased and have no concern with her and never demanded dowry from her. It is further submitted that the co-accused namely, Abhinandan Giri who is husband of the deceased is already in judicial custody for this offence. Learned APP appearing for the state has opposed the prayer of anticipatory bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Guthani P.S. Case no. 75 of 2022, they will be
Patna High Court CR. MISC. No.32679 of 2022(2) dt.23-11-2022 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U T