Ranjit Giri @ Fuddi Giri @ Gudi Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86487 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- SIKARHATTA District- Bhojpur ====================================================== RANJIT GIRI @ FUDDI GIRI @ GUDI GIRI, Son of Vishwanath Giri, Resident of Village - Panwari Mathiya, P.S.- Sikrahata, District - Bhojpur, Ara.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiva Ranjan, Adv.
For the Opposite Party/s :
Mr.Nitya Nand Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 304 (B), 201/34 of the Indian Penal Code.
Allegation against the petitioner, who happens to be husband, is of demand of one motorcycle and Rs. 02 lacs, for which they were threatening to kill her and later on the informant got an information on mobile that her daughter has been killed and they are cremating her dead body.
Patna High Court CR. MISC. No.86487 of 2019(4) dt.01-06-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further stated that petitioner is husband of the deceased and he never demanded any dowry nor tortured his wife. She set herself ablaze after closing the door and during course of investigation several witnesses have stated that she was mentally ill and short tempered lady. It has been submitted that occurrence took place of 23.12.2018 but FIR was lodged on 02.01.2019 i.e. after delay of 11 days without any explanation. Petitioner is in custody since 16.10.2019 having no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sikrahta P.S. Case No. 101 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the
Patna High Court CR. MISC. No.86487 of 2019(4) dt.01-06-2020 3/3 trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/rajiv U T