Umesh Giri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55770 of 2016 Arising Out of PS.Case No. -229 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Umesh Giri, Son of Narayan Giri, resident of Village- Shivrajpur, P.S.- Nautan, District- West Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Punam Devi, Wife of Umesh Giri, resident of Village- Shivrajpur, P.S.- Nautan, District- West Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Vibhakar Kumar, Advocate For the Opposite Parties : Mr. Sri Sanjay Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner, learned counsel for the informant and also learned counsel representing the State.

The petitioner seeks bail in connection with Nautan P.S Case No. 229 of 2016 registered for the offences punishable under Sections 341, 323, 379, 498(A), 504/34 of the Indian Penal Code and Section 3/4 D.P. Act.

Allegedly, Punam Devi was married with the petitioner on 21.03.2003 and out of the wedlock there is a son and daughter and after giving birth of daughter the petitioner and coaccused started putting pressure to get two katha homestead land executed by her father and also told her to fix Rs. 50,000/- in the

Patna High Court Cr.Misc. No.55770 of 2016 (2) dt.12-01-2017 2/3 bank for the daughter by way of dowry otherwise they will not keep her, resulting, due to non-fulfillment of their demand the petitioner started torturing her physically and mentally and lastly they refused to keep her.

Submission is of false implication and that the petitioner is ready to keep her with all dignity and comfort but the wife of the petitioner want separation from the family hence she has filed this false case. The petitioner is in custody since 15.11.2016 and he is ready to keep her where the petitioner used to reside.

Learned A.P.P. duly assisted by the learned counsel for the informant submits that the learned Sessions Judge has also tried for reconciliation but the same has failed. In the facts and circumstances stated above, considering the detention of the petitioner, now the petitioner is directed is to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Bettiah, in connection with Nautan P.S. Case No. 229 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on

Patna High Court Cr.Misc. No.55770 of 2016 (2) dt.12-01-2017 3/3 each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

It is expected that the petitioner will abide with his submission that he will keep the informant with all dignity and comfort.

(Jitendra Mohan Sharma, J.) Rajiv/- U T