Patna High Court - Orders
Kedar Giri @ Kedar Giris & Ors vs The State Of Bihar on 28 June, 2016
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14211 of 2016
Arising Out of PS.Case No. -177 Year- 2013 Thana -BAIKUNTHPUR District- GOPALGANJ
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1. KEDAR GIRI @ KEDAR GIRIS Son of Yamuna Giri
2. Bidhant Giri @ Vidhant Giri son of Yamuna Giri
3. Vinay Giri @ Binay Giri Son of Yamuna Giri
4. Munna Giri @ Munna Kumar Giri @ Muna Giri Son of Vinay Giri @
Binay Giri All are residents of Village - Singasani, Police Station -
Baikunthpur, District - Gopalganj.
5. Dina Nath Yadav Son of Jita Yadav resident of Village - Mura Tola,
Police Station - Baikunthpur, District - Gopalganj.
6. Ram Ayodhya Puri Son of Basudeo Puri
7. Sanjay Giri Son of Sriram Giri
8. Ram Babu Giri Son of Sri Ram Giri
9. Raj Kishore Giri Son of Kapildeo Giri
10. Sunil Giri Son of Saheb Giri All are residents of Village - Singasani,
Police Station - Baikunthpur, District - Gopalganj.
11. Patiram Yadav @ Patiram Rai Son of Mohan Yadav @ Mohan Rai
resident of Village - Mura Tola, Police Station - Baikunthpur, District -
Gopalganj.
12. Swaminath Sah @ Swaminath Mistry Son of Late Mohan Sah Resident
of Village - Khajuhatti, Police Station - Baikunthpur, District - Gopalganj.
13. Bijen Sharma @ Bijendra Sharma @ Bijen Thakur @ Vijendra Thakur
son of Sadam Thakur Resident of Village - Katalpur, Police Station -
Baikunthpur, District - Gopalganj.
14. Rajesh Giri Son of Chandrama Giri
15. Ashok Giri Son of Ramnath Giri Both residents of Village - Singasani,
Police Station - Baikunthpur, District - Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
(In Cr.Misc. No.14211 of 2016)
For the Petitioner/s : Mr. Rajesh Roy
For the Opposite Party/s : Mr. Anusuiya Jaiswal(App)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
4 28-06-2016Heard both sides.
The petitioners apprehend their arrest in a case under Patna High Court Cr.Misc. No.14211 of 2016 (3) dt.28-06-2016 2/4 Section 307, 436 and other sections of the Indian Penal Code.
The informant alleged that petitioners having armed with different weapons came and set ablaze her house in which all house-hold articles ornaments were burn to ashes thereafter the police came and saved the informant and others.
It is submitted that entire allegation is false and concocted. Rajendra Giri, husband of informant, is one of the accused in Baikunthpur P.S. case No. 175 of 2013 in which Nand Kishore Rai and Mohan Rai were killed. House of Nand Kishore Rai was blown by dynamite. It is submitted that informant set ablaze her house merely to create defence. Nobody was injured. It is further submitted that on perusal of fard bayan of Baikunthpur P.S. case No. 175 of 2013, it would appear that Rajendra Giri, husband of informant, his sons and others brutally killed Nand Kishore Rai and Mohan Rai and they also ransacked the house and only to create defence the informant set ablaze her house and had the mob ransacked and set ablaze the house of the informant, she would have got some injuries but no injury was found on the informant or any of the inmates of her house.
Learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail and submitted that the witnesses have stated that petitioners set ablaze the house of the Patna High Court Cr.Misc. No.14211 of 2016 (3) dt.28-06-2016 3/4 informant.
It appears that firstly Baikunthpur P.S. case No. 175 of 2013 was registered and Gautam Rai named the sons, husbands of the informants and other accused persons as accused in the case in which two persons, Nand Kishore Rai and Mohan Rai, were killed and house of Nand Kishore Rai was blown by dynamite. Thereafter, Baikunthpur P.S. case No. 176 of 2013 and Baikunthpur P.S. case No. 177 of 2013 on the basis of statement of Tara Devi, wife of Ramji Puri, and Sita Devi, wife of Rajendra Giri, were registered but it appears that nobody was injured in Baikunthpur P.S. case Nos. 176 of 2013 and 177 of 2013 although all the accused persons are alleged to have armed with weapons and set ablaze the house of the informants.
Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in Baikunthpur P.S. Case No. 177 of 2013, subject to the conditions Patna High Court Cr.Misc. No.14211 of 2016 (3) dt.28-06-2016 4/4 as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/-
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