Dharmendra Giri @ Dharmendra Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50156 of 2023 Arising Out of PS. Case No.-363 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== Dharmendra Giri @ Dharmendra Kumar Giri S/O Late Ganesh Giri R/O Village- Karo, Ps. Chitwada Gawan, Dist. Baliya (INCORRECTLY Mentioned In Impugned Order As Bliya (UTTAR Pradesh) ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal For the Opposite Party/s :
Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
It is a case of dowry death of informant's daughter by petitioner along with other co-accused persons due to non fulfillment of dowry demand.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that
Patna High Court CR. MISC. No.50156 of 2023(6) dt.18-01-2024 2/3 prior to her marriage, deceased had love affair with coaccused Abhishek Goswami, with whom deceased had exchanged obscene videos and photos. After her marriage, she was blackmailed on pretext of releasing those videos and photos to public and due to this, deceased herself committed suicide. It is submitted vide para 10 of the petition that petitioner had informed the informant about the death of her daughter and the body was sent for postmortem. From perusal of the postmortem report, it appears that cause of death was due to asphyxia as a result of antemortem hanging and cervical vertebra fracture. There is no eye witness of the alleged offence and the name of petitioner sprang up in this case merely on the basis of suspicion. Moreover, petitioner is languishing in judicial custody since 18.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.50156 of 2023(6) dt.18-01-2024 3/3 taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Aurangabad Muffasil P.S. Case No. 363 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge XII, Aurangabad, Bihar.
Appearance of I.O. of the present case is hereby dispensed with warning to remain vigilant in future in respect of investigating the case.
(Sunil Kumar Panwar, J) Nirajkrs/- U T