Naresh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53263 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- JAINTPUR District- Muzaffarpur ====================================================== 1.

Naresh Giri Son of Late Mokhtar Giri R/O Vill.- Repura Rampur Vishwanath, P.S.- Jaintpur, Dist.- Muzaffarpur. 2.

Premi Devi @ Pramila Devi Wife of Naresh Giri R/O Vill.- Repura Rampur Vishwanath, P.S.- Jaintpur, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are aged about 80 years and 75 years.

4. The informant alleges that his sister was married to Pawan Giri, son of petitioners three years back. After marriage, accused were demanding Rs.50,000/- and a motorcycle and on non-fulfillment of the same his sister was killed. Petitioner no. 1 informed the informant that his sister has died, accordingly, the

Patna High Court CR. MISC. No.53263 of 2024(2) dt.07-08-2024 2/3 informant reached the place of occurrence and saw the dead body of his sister with mark of injuries on face and neck.

5. Learned counsel for the petitioners submits that petitioners, being the father-in-law and mother-in-law of the deceased, have been falsely implicated in the instant case. It is further submitted that the informant is not an eye-witness to the occurrence and, thus, the entire allegation hinges around suspicion. It is next submitted that the informant himself disclosed in the FIR that he was informed about the occurrence by the petitioner no. 1. It is also submitted that had the petitioners been involved in the occurrence then petitioner no. 1 would not have informed the informant that his sister has died.

It is further submitted that no effort was made to dispose of the dead body but then it is fairly submits that the marriage is only three years old and the presumption in law is against the petitioners also but then petitioners are aged about 80 years and 75 years and they have remained a person with clean antecedent for all their lives and all of a sudden based on suspicion they have been made accused in the instant case. It is next submitted that husband of the deceased is in custody. It is also submitted that petitioners will not abscond rather will cooperate in the trial.

Patna High Court CR. MISC. No.53263 of 2024(2) dt.07-08-2024 3/3

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jaintpur P.S. Case No. 01 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T