Patna High CourtCR. MISC./9894/2016rejected

Md. Shahnawaz @ Bholu @ Md. Shahnwaz Alam v. The State Of Bihar

2016-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9894 of 2016 Arising Out of PS.Case No. -659 Year- 2015 Thana -ARARIA District- ARARIA ====================================================== Md. Shahnawaz @ Bholu @ Md. Shahnwaz Alam Son of Sarifuddin, resident of Village- Rampur Kodarkatti, P.S. Araria, District-Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bikramdeo Singh, Advocate Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. M. Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Araria P.S. Case No. 659 of 2015 registered for the offences punishable under Sections 363, 346, 369 of the Indian Penal Code and later on Section 370(A) of the IPC has also been added. Allegedly, the petitioner imposing himself as compounder of Dr. Dhanwanti Devi, fled away with newly born son of Nijhat from Sadar Hospital, Araria when the said infant was kept on oxygen. During investigation the petitioner was apprehended with the said infant and he confessed his guilt also and later on that infant died.

Patna High Court Cr.Misc. No.9894 of 2016 (3) dt.12-04-2016 2/2 Submission is of false implication and that no offence under Section 370-A IPC is made out, the petitioner is suffering in custody since 29.12.2015 having no criminal antecedent, now the informant has compromised the case also and, as such, the petitioner deserves sympathetic consideration to which the learned A.P.P. seriously opposes.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) sushma/- U T