Patna High CourtCR. MISC./32244/2019rejected

Samamuddin @ Samamuddin Sai v. The State Of Bihar

2019-09-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32244 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== SAMAMUDDIN @ SAMAMUDDIN SAI Son of Late Bhalil Sai Resident of Village - Makhanupur, P.S.- Pachrukhi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Pachrukhi P.S. Case No. 124 of 2018 registered under sections 341, 326, 307, 498A, 506, 120B of the I.P.C. and sections 3, 4 of the Dowry Prohibition Act pending in the Court of S.D.J.M., Siwan. Later on, sections 302 and 304B of the I.P.C. were added.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to misconception. There is no specific overt act against the petitioner. Further submission is that petitioner is in custody since 09.10.2018.

Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.32244 of 2019(5) dt.13-09-2019 2/2 opposed the prayer of the petitioner by contending that petitioner is the husband of the deceased. There is direct allegation of demand of dowry and torture against the petitioner. Thereafter, it is alleged that the deceased was set on fire by pouring kerosene oil by the petitioner and in-laws' family members. Hence, the petitioner does not deserve privilege of bail.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T