IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38352 of 2008
Basudeo Giri, son of Late Dinanath Giri, resident of
village-Gokhulpur Mathiya, P.S.-Binta, District- Patna, at present residing
at Quarter No.245, Type-II, Kidwaipuri, PNT Colony, Patna.
Versus
1. State Of Bihar
2. Bikarma Giri, son of Gupteshwar Giri, resident of
village-Chhatanwar Mathiya, P.S.-Krishna Brahm,
District- Buxar.
-----------
3. 04.07.2011 The informant-petitioner has preferred
this application for cancellation of bail granted to
Opposite Party No.2 vide order dated 13.03.2008
passed in Cr. Misc. No.49428/07.
Heard learned counsel for the parties.
The main contention of the learned
counsel for the petitioner is that the bail order has
been obtained due to wrong submission made on
behalf of O.P.No.2.
Learned counsel for the opposite party
has submitted that deceased was found taking
poison and it is not a case of murder, but the report
dated 31.01.2008 of Office of the Director, Forensic
Science Laboratory, Bihar, Patna shows that no
metallic, alkaloidal, glycosidal, pesticidal or volatile
poison could be detected.
It appears from the F.I.R. that the
2
petitioner has lodged a case alleging therein that the
deceased was done to death. It further appears that
during investigation, it came to lie that there was
quarrel between the deceased and her husband and
the deceased had taken poison.
Considering the facts, I find that no wrong
submission has been made on behalf of O.P.No.2
while granting bail.
I do not find any ground for cancellation
of bail granted to O.P.No.2 and as such, this petition
is dismissed.
V.K.Pandey (Amaresh Kumar Lal, J.)