Niranjan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37951 of 2022 Arising Out of PS. Case No.-1555 Year-2021 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== 1.

Niranjan Giri S/O Shankar Giri Resident Of Village- Semri, P.S.- Panapur, District- Saran At Chhapra.

2.

Munna Giri @ Munna Kumar Giri S/O Shankar Giri Resident Of VillageSemri, P.S.- Panapur, District- Saran At Chhapra. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

REENA DEVI W/O LATE RAJESH MANJHI Resident of Village- Semri, P.S.- Panapur, District- Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complainant Case No. 1555 of 2021 instituted for the offence under Sections 323, 324, 341, 354, 406, 493 of the Indian Penal Code.

It is a case of outrage the modesty and having sexual relationship with the complainant on the pretext of solemnization of marriage.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.37951 of 2022(2) dt.30-11-2022 2/3 has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Both the petitioners are falsely been implicated in this present case. It is further submitted that the petitioner denied about abusing, torturing and having sexual relationship with the complainant and he has never solemnized marriage with her. It is further submitted vide para 12 of the petitioner that when the complainant has filed an application before Mahila Helpline Saran, a notice was issued on 04.09.2021 to petitioner no.1 for his appearance on 22.09.2021 and the petitioner appeared on said date but the complainant was absent which clearly shows that this prosecution story is false and fabricated. 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 Complainant Case No. 1555 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.37951 of 2022(2) dt.30-11-2022 3/3 like amount each to the satisfaction of learned 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