Nawal Kishore Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85255 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- MAHUA District- Vaishali ====================================================== 1.

Nawal Kishore Giri S/o Ramprit Giri RESIDENT OF VILLAGE MIRJANNAGAR, P.S-MAHUA, DISTRICT-VAISHALI.

2.

Ranju Devi W/o Nawal Kishore Giri RESIDENT OF VILLAGE MIRJANNAGAR, P.S-MAHUA, DISTRICT-VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Mahua P.S Case No. 67 of 2023 dated 08.02.2023 registered for the offence punishable u/s 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of motorcycle as dowry.

4. Learned counsel for the petitioners has submitted that the petitioner no. 1 is the father-in-law and the petitioner no.

Patna High Court CR. MISC. No.85255 of 2023(2) dt.29-01-2024 2/2 2 is the mother-in-law of the petitioner. The petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition and the allegations made against them are general and omnibus in nature. The petitioners neither demand any dowry nor tortured the informant.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, J.M. 1st class- Cum- Additional Munif 9th, Vaishali at Hajipur in connection with Mahua P.S. Case No. 67 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Sudha/- U T