Arjun Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53287 of 2018 Arising Out of PS. Case No.-304 Year-2017 Thana- BEUR District- Patna ====================================================== Arjun Giri S/o Bhagirathi Giri, R/o Vill.- Balla Baiju, P.S.- Patahi, DistrictMotihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Upadhyay For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 328, 302, 201, 120B/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner administered poison to the daughter of the informant, due to which she died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged occurrence is said to have taken place after 16 years of marriage. There is no eye witness to the alleged occurrence nor

Patna High Court Cr.Misc. No.53287 of 2018(2) dt.17-09-2018 2/2 there is any other substantive evidence to suggest the implication of the petitioner in the present case. The petitioner is said to be the cousin brother-in-law of the deceased. He is separate in mess and property from the husband of the deceased. He has got no concern with the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cumSub Judge VIIIth, Patna in connection with Beur P.S. case No.304 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T