Chhotelal Giri vs The State Of Bihar on 22 January, 2025

Patna High Court – Orders

Chhotelal Giri vs The State Of Bihar on 22 January, 2025

Author: Anil Kumar Sinha

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88169 of 2024
                     Arising Out of PS. Case No.-125 Year-2024 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
           1.     Chhotelal Giri Son of Bam Giri Resident Of Village -Rampur, Khajuriya,
                  PS- Dumariyaghat, Distt.- East Champaran
           2.    Ajay Giri @ Ajay Kumar Giri Son of Darbari Giri Resident Of Village
                 -Rampur, Khajuriya, PS- Dumariyaghat, Distt.- East Champaran
           3.    Chandeshwar Giri Son of Rambachan Giri Resident Of Village -Rampur,
                 Khajuriya, PS- Dumariyaghat, Distt.- East Champaran
           4.    Raushan Giri @ Raushan Kumar Giri Son of Chhotelal Giri Resident Of
                 Village -Rampur, Khajuriya, PS- Dumariyaghat, Distt.- East Champaran
           5.    Indal Giri @ Indal Kumar Giri Son of Chandeshwar Giri Resident Of
                 Village -Rampur, Khajuriya, PS- Dumariyaghat, Distt.- East Champaran
           6.    Vijay Giri Son of Darbari Giri Resident Of Village -Rampur, Khajuriya, PS-
                 Dumariyaghat, Distt.- East Champaran
           7.    Jitnesh Giri @ Jeetnesh Kumar Giri Son of Chandeshwar Giri Resident Of
                 Village -Rampur, Khajuriya, PS- Dumariyaghat, Distt.- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pravin Kumar
                 For the Opposite Party/s :      Mr.Kumar Veerendra Narayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-01-2025

1. Heard learned Counsel for the petitioners and learned

Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out

of Dumariaghat Police Station Case No. 125 of 2024,

dated 12.06.2024, disclosing offences punishable under

Sections 341/323/448/380/354/307/504/387/506/34 of the

Indian Penal Code.

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3. The prosecution case, as per the First Information Report,

is that on 23.05.2024, the petitioner no. 5, along with his

family members, kidnapped the grand daughter of the

informant, namely, Kiran Kumari, for which Dumariaghat

Police Station Case No. 110 of 2024 was lodged by the

informant. On 11.06.2024, in the morning, all the FIR-

named accused persons, including the petitioners arrived

at the door of the informant, started assaulting her and the

petitioner nos. 3 and 6 caught hold the hand of the

informant and the petitioner no. 7 tightened his neck with

the iron wire. The accused persons also looted cash,

household articles etc.

4. Learned Counsel for the petitioners submits that the

present First Information Report has been lodged against

the petitioners due to the fact that in Dumariaghat Police

Station Case No. 110 of 2024, with the allegation of

kidnapping of the grand daughter of the informant, the

statement of the victim girl was recorded under Section

164 of the Code of Criminal Procedure, 1973, in which

she has stated that the petitioner no. 7 never kidnapped

her and further stated that she has performed marriage

with the petitioner no. 7 and she is willing to live with her
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husband, i.e. petitioner no. 7. He further submits that the

victim girl was handed over to the petitioner no. 7 by the

Court and she is still living with him as husband and wife.

All these facts have been stated by the petitioners in the

supplementary affidavit. He further submits that both the

parties are neighbours and residing in the same locality,

having dispute regarding passage. No apparent injury has

been caused to the informant and the allegation against

the accused persons are general and omnibus in nature.

5. Regards being had to the submissions advanced on behalf

of the parties and taking into consideration the fact that

both the parties are neighbours, having land dispute and

in the previous case, i.e. Dumariaghat Police Station Case

No. 110 of 2025, filed by the informant against the

petitioners and others for kidnapping of the victim girl,

who, in her statement, has not supported the prosecution

version, I am inclined to grant the petitioners privilege of

anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their

arrest or surrender before the Court below within a period

of four weeks from today, be released on bail on
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furnishing bail bond of Rs. 10,000/- (ten thousand) with

two sureties of the like amount each to the satisfaction of

learned Judicial Magistrate, 1st Class, East Champaran, at

Motihari, in connection with Dumariaghat Police Station

Case No. 125 of 2024, subject to the condition laid down

under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.)
Prabhakar Anand/-

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