Subhash Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62242 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Subhash Giri S/o Late Ram Ayodhya Giri @ Late Yodha Giri Resident of Village- Rampur Khajuriya, P.S.- Dumariyaghat, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Adv.

For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Dumariaghat P.S. Case No. 121 of 2024 registered under Sections 341, 323 and 304(B)/34 of the Indian Penal Code.

3. It is a case of dowry death.

4. As per prosecution case, informant solemnized the marriage of her daughter with co-accused Rahul Giri in the year 2023. After a month of marriage, the husband and in-laws of informant's daughter started demanding dowry. Due to nonfulfillment of the same, she was tortured and ill treated. It is further alleged that on 05.06.2024, all the F.I.R. named accused

Patna High Court CR. MISC. No.62242 of 2024(2) dt.01-10-2024 2/3 persons including this petitioner committed murder of the daughter of informant and concealed her dead body in the house.

5. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case merely on suspicion. Further submission is that petitioner is co-villager of the deceased's family. His house is situated at the distance of about one kilometer from the house of deceased's family. Petitioner has no concern neither with informant nor with other co-accused persons. Thrust of accusation is against husband of the deceased, who is already in custody since 13.09.2024.

6. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

7. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumariaghat P.S. Case No. 121 of 2024,

Patna High Court CR. MISC. No.62242 of 2024(2) dt.01-10-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T