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Patna High CourtCR. MISC./70887/2018bail granted

Anshu Giri @ Amit Giri v. The State Of Bihar

2018-12-11Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70887 of 2018 Arising Out of PS. Case No.-110 Year-2017 Thana- BELSAND District- Sitamarhi ====================================================== Anshu Giri @ Amit Giri Son of Chitranjan Giri Resident of Village-Shiv Nagar P.O. & P.S. Belsand,Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikas Ratan Bharti, Advocate For the Opposite Party/s :

Mr. Sri Bharat Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Belsand P.S. Case No. 110 of 2017 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Informant alleged that his daughter (deceased) was married with Rajeev Mishra in the year 2001 and the deceased has got three children. It is further alleged that prior to the occurrence, daughter of the informant had informed him that Anshu Giri (petitioner) and Prince Giri always tried to outrage her modesty and used to demand money from her. On 03.11.2017, another daughter of informant informed him that petitioner along with Prince Giri set ablaze his daughter. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely

Patna High Court Cr.Misc. No.70887 of 2018(2) dt.11-12-2018 2/2 been implicated in this case. He is friend of husband of the deceased. There is delay of two days in lodging the FIR for which no plausible reason has been given by the informant. Deceased died due to accidental fire. He is in cutsody since 13.03.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Belsand P.S. Case No. 110 of 2017, subject to the conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner will co-operate in the trial and shall be properly represented on each and every date fixed by the court and well remain physically present as directed by Court and his absence on two consecutive dates without sufficient reason, his bail bond will be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/ManojU T