Ritesh Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5375 of 2021 Arising Out of PS. Case No.-386 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Ritesh Kumar Giri Son of Lakhendra Giri Resident Of Village-Minapur,P.SMinapur, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha, Adv.

For the State :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Minapur P.S. Case no. 386 of 2019 registered under sections 304B and 34 of the Indian Penal Code.

As per allegations in the FIR, the daughter of the informant was married in the year 2019 to the petitioner. It is stated that the accused persons including the petitioner herein started to torture his daughter for non-fulfilment of the demand of dowry. She was ultimately killed.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and

Patna High Court CR. MISC. No.5375 of 2021(3) dt.22-06-2021 2/2 concocted. The petitioner who is the husband of the deceased has not committed any offence. He was living a happy marital life with his wife. It transpired that she committed suicide as she wanted to marry elsewhere and had been forced into this marriage. The petitioner is in custody since 6.11.2019 and has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and on perusal of the materials available on the record it transpires that as per the post-mortem report the cause of death was asphyxia as a result of strangulation.

In the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

The learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Bibhash U T