Santosh Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23597 of 2015 Arising Out of PS.Case No. -259 Year- 2014 Thana -JAGDIHSPUR District- BHOJPUR ======================================================
1. Santosh Giri, son of Birkeshwar Giri, resident of Village- Koilari, P.S.- Jagdishpur, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Prasad Sinha For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in Jagdishpur P.S.Case No. 259 of 2014 instituted under Section 302/34 of the Indian Penal Code, pending in the Court of Sri A.K.Manjhi, Judicial Magistrate, Ara.
The allegation against the petitioner is of killing the daughter of the informant for non-fulfilment of additional demand of dowry.
On behalf of the petitioner, it has been submitted that the petitioner has got no criminal antecedent. There is no eye witness to the occurrence. In course of supervision the supervising authority has found the case to be true for offence under Section 306 of the Indian Penal Code. It is further submitted that the
Patna High Court Cr.Misc. No.23597 of 2015 (3) dt.16-09-2015 2/2 matter has been compromised between the parties. On behalf of the State, it has been submitted that the petitioner is the husband of the deceased and assuming that the case is u/s 306 IPC still the petitioner is abettor. Considering the facts aforesaid, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected. Any how, if the petitioner surrenders in the court below within a period of six weeks from the date of receipt/ production of a copy of this order and pray for regular bail, same shall be considered on its own merit without being prejudiced by this order of rejection.
(Sudhir Singh, J) singh/- U