Abhinandan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40012 of 2016 Arising Out of PS.Case No. -83 Year- 2015 Thana -SHEOHAR District- SHEOHAR ====================================================== Abhinandan Giri, son of Laxmi Narayan Giri Resident of Village- Kothia, P.S. Sheohar, District Sheohar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

06-12-2016 Heard Sri Pushpendra Kumar Singh, learned counsel for the petitioner and Sri Ramchandra Sahni, learned Addl. Public Prosecutor.

The petitioner, who is elder brother of the husband of the deceased and in custody since 27-06-2016, has prayed for grant of bail in Sheohar P.S. Case No. 83 of 2015 registered for offence under Sections 498(A), 302, 201/34 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that it is true that petitioner was arrayed as one of the accused in the F.I.R., but on perusal of the F.I.R., it is evident that mainly accusation was levelled against the husband of the deceased. Save and except accusation against the husband, there is general and

Patna High Court Cr.Misc. No.40012 of 2016 (5) dt.06-12-2016 2/2 omnibus allegation against the petitioner.

Learned Addl. Public Prosecutor has opposed the prayer for grant of bail and submits that being elder brother of the husband of the deceased, the petitioner was involved in commission of offence.

Besides hearing, I have also perused the materials on record. Keeping in view the facts disclosed in the F.I.R., in which, there is no specific accusation against the petitioner regarding torturing, there is no reason to further detain the petitioner. Accordingly, let the petitioner namely Abhinandan Giri be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 83 of 2015. (Rakesh Kumar, J.) Anay U T