Manish Kumar @ Manish Giri @ Manish Kumar Goswami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19637 of 2018 Arising Out of PS.Case No. -304 Year- 2017 Thana -BEUR District- PATNA ====================================================== Kishori Giri, aged about 64 years, son of late Prasad Giri, resident of Bella Baiju, P.S. Patahi, District - East Chmparan (Motihari) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22493 of 2018 Arising Out of PS.Case No. -304 Year- 2017 Thana -BEUR District- PATNA ====================================================== Manish Kumar @ Manish Giri @ Manish Kumar Goswami, Son of Kishori Giri, Resident of Bela Baiju, P.S. - Patahi, District East Champaran, Motihari, At present Resident of Sipara Harishchandra Nagar, P.S. - Beur, District - Patna.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.19637 of 2018) For the Petitioner/s : Mr. Saroj Kumar Upadhyay For the Opposite Party/s : Mr. Sri Parmanand Prasad (In Cr.Misc. No.22493 of 2018) For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioner of Cr. Misc. No. 19637 of 2018 and the petitioner of Cr. Misc. NO. 22493 of 2018, who are the father-in-law and brother-in-law of the deceased lady are in custody since 04.12.2017 in connection with Beur P.S. Case
No. 304 of 2017 for the offence registered under Sections 328, 302, 201, 120(B)/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the present two petitioners have no concerned with the alleged occurrence, as they have been living in Motihari and, at best, they can be said to have participated in the cremation proceedings. It is further submitted that the victim lady was married 16 years back and her children have stated that their mother was a sick lady and had respiratory problem and used to often faint because of illness. It is further submitted that during the course of investigation, the landlord has confirmed that the deceased lady was taken to PMCH for treatment and after preliminary treatment, she was declared dead. It is, thus, submitted that the petitioners had no role to play and has been falsely implicated in the present case as an afterthought by the informant.
Considering the aforesaid facts and circumstances of the case and that the petitioners have had no role to play in the aforesaid offence, let the petitioners, above named, 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 Additional Chief Judicial Magistrate- VIII,
Patna in connection with Beur P.S. Case No. 304 of 2017. (Anjana Mishra, J) Jagdish/- U