Shiv Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53856 of 2016 Arising Out of PS.Case No. -104 Year- 2016 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shiv Kumar Patel Son of Shita Ram Patel, Resident of Village- Kathar, P.S. Dhanaha, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The application is for grant of bail in connection with Dhanaha PS case no. 104 of 2016 for the offence under Sections 304B, 201/34 of the Indian Penal Code. It is submitted on behalf of petitioner that as per FIR itself, it appears that the petitioner has taken the deceased for treatment and and it is not accepted that on the way he will kill the deceased in front of people, rather he has been falsely implicated in this case. Moreover, he is in custody since 10.07.2016. Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.

Having heard both sides. From perusal of the

Patna High Court Cr.Misc. No.53856 of 2016 (3) dt.13-01-2017 2/2 impugned order itself, it appears that witnesses have stated against this petitioner and from perusal of inquest report, it appears that there are injuries on the person of the deceased. Considering all these aspects, I am not inclined to grant bail to the petitioner. As such, his prayer for bail rejected.

With these observations, this bail application is dismissed.

(Vinod Kumar Sinha, J.) rinkee/- U T