Subhash Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51802 of 2019 Arising Out of PS. Case No.-162 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== SUBHASH GIRI Son of Bhuteli Giri Resident of Village- Kovaiya Bichala Tola, P.S.- Mahuawa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Chhauradano (Mahuawa) P.S.Case no.162 of 2019 registered for offences punishable under Sections 304(B), 120(B) of the Indian Penal Code.

Case is of dowry death and the petitioner happens to be husband.

Submission of the learned counsel for the petitioner is that the case has been filed against the petitioner on misconception and realizing the same, the informant has compromised the case with the petitioner.

Heard learned A.P.P. , who has opposed the prayer for bail stating that he is husband and thee is allegation of demand as

Patna High Court CR. MISC. No.51802 of 2019(2) dt.20-08-2019 2/2 well as torture and death was in abnormal condition within seven years of her marriage. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit..

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T