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Patna High CourtCR. MISC./34523/2020dismissed

Md. Umar @ Farooque v. The State Of Bihar

2021-01-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34523 of 2020 Arising Out of PS. Case No.-220 Year-2017 Thana- JOGBANI District- Araria ====================================================== Md. Umar @ Farooque Son of Md. Jabbar, Resident of village- Nagarmora (Mirganj), Ward No. 7, Police Station- Jogbani, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with S.T. No. 167 of 2018 arising out of Jogbani P.S. Case No. 220 of 2017 for the offence registered under Sections 302/34 of the Indian Penal Code inasmuch as the petition of the petitioner for grant of bail has stood rejected twice earlier vide order dated 23.07.2018 passed in Criminal Misc No.32679 of 2018 and order dated 15.05.2019 passed in Criminal Misc. No. 9737 of 2019.

The petitioner is alleged to have killed his wife on account of non-fulfillment of the demand for dowry. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated

Patna High Court CR. MISC. No.34523 of 2020(2) dt.12-01-2021 2/2 in the present case as also he is languishing in custody since 19.12.2017.

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

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the fact that there is no change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of bail, I do not find any merit in the present petition. Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T