Santosh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39948 of 2020 Arising Out of PS. Case No.-321 Year-2020 Thana- MASHRAK District- Saran ====================================================== Santosh Giri, aged about 36 years, Male, S/o Late Bishwanath Giri, R/o Village- Durgauli, P.S.- Mashrakh, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with B.P. No.917 of 2020 on 19.09.2020 arising out of Mashrakh P.S. Case No. 321 of 2020 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

The prosecution case in short is that on 10.06.2020, informant gave her written statement before the officer-incharge of Mashrakh Police Station alleging inter-alia that she had married her daughter Pinki Kumari with Bablu alias Suraj Giri one year ago. After marriage, when she went to her matrimonial house, then the accused persons started torturing her in various ways including the assault for non-fulfillment of

Patna High Court CR. MISC. No.39948 of 2020(2) dt.22-02-2021 2/2 dowry demand of Rs.50,000/-. Lastly on 10.06.2020, Pinki Kumari, daughter of the informant informed the informant on mobile phone that the accused-persons have burnt her and there is no chance of her survival. On such information, when the informant and others reached at the matrimonial place of Pinki Kumari, then they saw that Pinki Kumari was totally burnt and lying dead.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and the husband of the deceased is in jail custody. Petitioner is the elder brother of the husband of the deceased.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Chapra in connection with Mashrakh P.S. Case No. 321 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T