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Patna High CourtCR. MISC./75237/2022bail granted

Dhiraj Giri @Dhiraj Kumar Giri v. The State Of Bihar

2023-07-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75237 of 2022 Arising Out of PS. Case No.-364 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== DHIRAJ GIRI @DHIRAJ KUMAR GIRI S/o Late Rabindra Giri R/o mohalla- Arya Nagar, Giri Tola, Kathari, P.S.- Town Chapra, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 328, 201/34 of the Indian Penal Code.

As per F.I.R., all the accused persons including this petitioner took away the husband of the informant from his house and later on, his dead-body was found lying near a temple. The informant suspects that all F.I.R. named accused persons committed the murder of her husband by poisoning. It is submitted on behalf of petitioner that informant is not eye-witness to the occurrence and has been made accused in this case only on suspicion. As a matter of fact, this petitioner had filed Chapra Town P.S. Case No. 340 of 2016 against fatherin-law and Devar of the informant for committing the murder of his father and only with a view to put pressure on the petitioner, he has been dragged in the present case. In fact, husband of the

Patna High Court CR. MISC. No.75237 of 2022(3) dt.05-07-2023 2/2 informant was drunker and suffering from Epilepsy and deceased might have died due to that illness, but taking advantage of the same, this false and concocted case has been lodged against petitioner and others. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Chapra Town P.S. Case No. 364 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T