Sharma Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89790 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Sharma Giri Son of Late Sajawal Giri Resident of Village - Rampur Khajuriya, P.S.- Dumariaghat, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sumit Kumar Srivastva, Advocate For the State :
Mr. Rajendra Singh, APP For the Informant :
Mr. Avinash Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 304B and 34 of the Indian Penal Code.
3. It is a case of "dowry death". As per prosecution case, informant solemnized the marriage of his 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 non-fulfillment 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 persons including this petitioner committed murder of the daughter of informant and concealed her dead body in the house.
Patna High Court CR. MISC. No.89790 of 2024(2) dt.31-01-2025 2/3
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because he happens to be father-in-law of the deceased. Petitioner is victim of over implication. There is no specific allegation of demand of dowry or torture. Petitioner is separate in mess & property and has got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased, who is already in custody since 13.09.2024. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight 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 Chief Judicial Magistrate,
Patna High Court CR. MISC. No.89790 of 2024(2) dt.31-01-2025 3/3 East Champaran at Motihari in connection with Dumariaghat P.S. Case No. 121 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T