Mukesh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72215 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- DIGHALBANK District- Kishanganj ====================================================== Mukesh Giri Son Of Amin Prasad Giri @ Amin Giri R/O VillagePanchgachhi, P.S.- Dighalbank, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 498(A), 304(B)/34 of the Indian Penal Code and section 3⁄4 of Dowry Prohibition Act.

3. As per allegation in the FIR, it is a case of dowry death due to non-fulfillment of additional dowry demand of the informant's daughter by the petitioner and her in-laws.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. He has never demanded any thing from the deceased or her family members. Prior to the alleged occurrence, there is no complain

Patna High Court CR. MISC. No.72215 of 2023(3) dt.31-01-2024 2/2 regarding harassment or torture by her husband or in-laws at her matrimonial home. As per postmortem, doctor does not found any external injury over the body of the deceased. Daughter of the informant herself committed suicide by hanging, which is evident from medical report. Petitioner has got no criminal antecedent and languishing in judicial custody since 26.5.2023.

5. The application for bail is opposed by learned APP for the Stateand learned counsel for the informant and submitted that deceased died in her matrimonial home within seven years of marriage and petitioner is husband.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Kishanganj in connection with Dighalbank P.S. Case No. 86 of 2023.

(Sunil Kumar Panwar, J) sushma/- U