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Patna High CourtCR. MISC./20762/2020dismissed

Pappu Ram @ Pappu v. The State Of Bihar

2020-07-09Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20762 of 2020 Arising Out of PS. Case No.-45 Year-2017 Thana- BUXAR MUFFSIL District- Buxar ====================================================== PAPPU RAM @ PAPPU S/o Sukhu Ram R/o Village-Jaso, P.S.-Buxar (Muffasil), District-Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Umeshanand Pandit Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP appearing for the State.

The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail, inasmuch as on an earlier occasion when the petitioner had approached this Court by filing a petition for grant of regular bail, this Court

Patna High Court CR. MISC. No.20762 of 2020(2) dt.09-07-2020 2/3 had rejected the same vide order dated 03.07.2018 passed in Criminal Miscellaneous No. 24490 of 2018 in connection with Buxar (Muffasil) P.S. Case No. 45 of 2017 for the offences punishable under Sections 304(B) and 201 of the Indian Penal Code.

The allegation in the present case is regarding the accused persons including the petitioner herein, who is the husband of the deceased victim lady of having killed her on account of nonfulfillment of the demand for dowry and thrown her dead body in the river.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 20.1.2018. It is further submitted that the witnesses have turned hostile during the course of the trial, hence benefit of doubt, for the purposes of grant of regular bail, can be granted to the petitioner herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.20762 of 2020(2) dt.09-07-2020 3/3 Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the parties, this Court finds that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, thus, the present petition stands dismissed specially considering the grievousness of the offence alleged to have been committed by the petitioner herein.

(Mohit Kumar Shah, J) Ajay/- U T