Patna High CourtCR. MISC./54409/2023bail granted

Chandan Giri @ Chandan Kumar Giri v. The State Of Bihar

2023-09-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54409 of 2023 Arising Out of PS. Case No.-55 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== CHANDAN GIRI @ CHANDAN KUMAR GIRI S/O Ramanand Giri R/O Village- Raypur, P.S- Sarairanjan, Distt.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-09-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Sarairanjan P.S. Case no. 55 of 2021 registered under sections 304B, 307 and other allied sections of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution case, it is stated by the informant that she was tortured by all the accused persons including the petitioner herein who happens to be her husband. She further states that her mother-in-law poured kerosene oil on her and lighted her up. She ultimately died.

4. It is submitted by learned counsel for the petitioner that the prayer for bail of the petitioner was rejected earlier vide order dated 23.12.2022 (Annexure-1) passed in Cr. Misc. no. 17478 of 2022. From the contents of the FIR it would transpire

Patna High Court CR. MISC. No.54409 of 2023(2) dt.22-09-2023 2/2 that the main allegation is against the mother-in-law of the deceased namely Kali Devi who has been enlarged on bail vide order dated 31.8.2023 passed in Cr. Misc. no. 57105 of 2023. The allegation against the petitioner is general and omnibus in nature. He is in custody since 8.9.2021 and has no criminal antecedent. He undertakes to cooperate in the trial.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner, the mother-in-law of the deceased having been granted bail by the aforesaid order dated 23.12.2022 together with the petitioner having remained in custody since 8.9.2021 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Sarairanjan P.S. Case no. 55 of 2021 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 A.C.J.M -III, Samastipur.

(Partha Sarthy, J) Prakash/- U