Rakesh Kumar Giri @ Pappu @ Rakesh Prasad Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11908 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -SARAI RANJAN District- SAMASTIPUR ====================================================== RAKESH KUMAR GIRI @ PAPPU @ RAKESH PRASAD GIRI son of Gopal Prasad Giri, resident of village- Harsingpur, P.S. Sarairanjan, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2015 Heard Mr. Y.V. Giri learned Sr. Counsel for the petitioner and learned APP for the State.

The petitioner is the husband of the victim and is facing accusation punishable under section 304-B IPC lodged by the father of the victim alleging therein that within four years of marriage the victim was tortured and subsequently burnt to death while she was in matrimonial home.

The contention of the counsel for the petitioner is that there is evidence in course of investigation that the victim was brought to the hospital by the husband for medical treatment/assistance. There is also some materials on record to suggest that information was also given to the family member of

Patna High Court Cr.Misc. No.11908 of 2015 (4) dt.06-07-2015 2/2 the victim. The petitioner is in custody since 03.02.2015. Learned APP while opposing the prayer submits that the victim received burn injuries as is evident from the post mortem report. The witnesses in course of investigation have supported the allegation of torture at the hands of the petitioner. Considering the submissions of the parties and allegations against the petitioner, this Court is not inclined to enlarge the petitioner on bail. His prayer for bail is accordingly rejected.

If the trial does not record adequate progress within ten months from the date of receipt/communication of a copy of this order, the petitioner shall have liberty to renew his prayer for bail in the court below.

(Kishore Kumar Mandal, J) HR/- U