Patna High CourtCR. MISC./82263/2019dismissed

Manu Giri v. The State Of Bihar

2021-01-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82263 of 2019 Arising Out of PS. Case No.-255 Year-2017 Thana- DARIYAPUR District- Saran ====================================================== MANU GIRI Son of Late Uday Shankar Giri Resident of Village - Piara Math, Police Station - Dariyapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2021 Heard the learned counsel for the petitioner and Shri Damodar Prasad Tiwary, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Dariyapur P.S. Case No. 255 of 2017 for the offence registered under Sections 304(B)/34 of the Indian Penal Code. The allegation is regarding the petitioner, who happens to be the husband of the deceased victim lady, having killed her on account of non-fulfillment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 25.09.2019.

Patna High Court CR. MISC. No.82263 of 2019(7) dt.04-01-2021 2/2 Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also the materials available in the case diary, I find that a prima facie case is definitely made out against the petitioner, who is the husband of the deceased victim lady and is alleged to have killed her on account of non-fulfillment of the demand for dowry, hence I do not find any merit in the present petition. Accordingly, the present petition stands dismissed. (Mohit Kumar Shah, J) S.Sb/- U T