Basant Giri @ Basant Gosai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10761 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- KACCHWA District- Rohtas ====================================================== 1.
Basant Giri @ Basant Gosai Son of Late Sohrayee Giri @ Sohayee Gosain R/o vill - Maharajganj, Tulshi Tola, P.S. - Kachhawam, Distt. - Rohtas 2.
Meena Devi W/o Basant Gosain @ Basant Giri R/o vill - Maharajganj, Tulshi Tola, P.S. - Kachhawam, Distt. - Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumr Rai, Advocate For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-04-2024 Heard Mr. Anil Kumar Rai, learned counsel for the petitioners and the State.
2. The petitioners are in judicial custody in connection with Kacchwa P.S. Case No. 111 of 2023 for the offence punishable under Sections 304B, 120-B/34 of the Indian Penal Code lodged on 30.7.2023 by the informant, Radhika Devi.
3. As per the prosecution story, the informant alleged that her daughter was married to one Suman Giri, but was always tortured for dowry and later, came to know that she has committed suicide.
4. Learned counsel for the petitioners submit that they are father-in-law and mother-in-law, living separately and
Patna High Court CR. MISC. No.10761 of 2024(3) dt.26-04-2024 2/3 nothing to do with the aforesaid episode and further submission is that the husband is in custody.
5. Learned APP opposes the prayer stating that they are parents of the husband.
6. Considering the aforesaid submissions put forward by the learned counsel for the petitioners and learned APP as also the fact that they are mother-in-law and father-in-law, the husband is in custody and none of them have criminal antecedent, this Court is inclined to extend them the privilege of bail with conditions.
Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned 1st Additional Sessions Judge, Rohtas at Sasaram, in connection with S.Tr. No. 847 of 2023 arising out of Kachhawa P.S. Case No. 111 of 2023 subject to the following conditions:
(i) one of the bailor should be the relatives of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their
Patna High Court CR. MISC. No.10761 of 2024(3) dt.26-04-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T