Masudan Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23894 of 2018 Arising Out of PS.Case No. -119 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Masudan Giri S/o Late Prasadi Giri, R/o Vill.- Takhtaroja, P.S.- Giriyak, District- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Giriyak P.S.Case No.119 of 2017 registered for an offence under Sections 304(B) and 201/34 of the IPC.
The informant in her written statement has alleged that her daughter was married with the son of the petitioner for about two and half years ago. The husband and in-laws used to demand an amount of Rs.1,00000/- for starting business. The said demand was not fulfilled whereafter the accused persons committed the murder of her daughter.
It has been submitted that petitioner is father-in-law of the deceased and allegation of demand is omnibus. It has further been submitted that in
Patna High Court Cr.Misc. No.23894 of 2018 (3) dt.17-05-2018 2/3 course of investigation some of the witnesses have stated that the victim died on account of electrocution. The mother in-law of the victim has been allowed regular bail by this Court in Cr.Misc.No.43668 of 2017. The petitioner is in custody since 23.11.2017 and so the petitioner deserves bail. On perusal of the case diary, it appears that some of the witnesses have stated that the husband used to quarrel with the victim. Some of the witnesses stated that the deceased died accidental due to electrocution. The allegation of demand appears omnibus.
Considering the facts and circumstances, the prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Nalanda at Biharsharif in connection with Giriyak P.S.Case No.119 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any
Patna High Court Cr.Misc. No.23894 of 2018 (3) dt.17-05-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T