Sumant Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85269 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- KACCHWA District- Rohtas ====================================================== Sumant Giri Son of Basant Giri @ Basant Gosai village- Maharaj Ganj, Tulshi Tola, ps- Kachhawan Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 120(B) and 34 of the Indian Penal Code.

3. The case of the prosecution is that the daughter of the informant, namely, Pari Kumari was married to Sumant Giri (the petitioner herein) on 14.04.2023. It is further alleged that she was subjected to cruelty on account of non-fulfillment of dowry. The petitioner had gone to Chennai for earning his livelihood. It is further alleged that the daughter of the informant was subjected to cruelty by the in-laws. On 29.07.2023, when the informant called her daughter on mobile, she told that in-laws had beaten her and they are not providing

Patna High Court CR. MISC. No.85269 of 2024(3) dt.08-04-2025 2/3 meal on the instruction of this petitioner. On the same day, the petitioner informed the brother of the informant that Pari Kumari has committed suicide by hanging.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that from perusal of the FIR, it is clear that the petitioner was not residing at his house at the time of occurrence rather he is residing at Chennai for earning his livelihood. From perusal of the post-mortem, it will also transpire that ligature mark was found over the neck of the deceased and that the cause of death is Asphyxia due to strangulation. Moreover, the petitioner is languishing in judicial custody since 28.08.2023 having no criminal antecedent.

5. Learned counsel for the informant has opposed the prayer of regular bail stating that the main thrust of allegation is against the husband of the deceased.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kacchawa P.S. Case No. 111 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.85269 of 2024(3) dt.08-04-2025 3/3 sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Rohtas as Sasaram. (Ashok Kumar Pandey, J) Jagdish/- U T