Patna High CourtCR. MISC./36879/2020dismissed

Nishu Rai @ Nisu Rai v. The State Of Bihar

2021-02-02Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36879 of 2020 Arising Out of PS. Case No.-276 Year-2019 Thana- SAHPUR District- Patna ====================================================== NISHU RAI @ NISU RAI S/o Haruni Rai Resident of Village-Daudpur, P.SShahpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Prasad Yadav For the Opposite Party/s :

Mr. Iftekar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 09.01.2020 in connection with Shahpur P.S. Case No. 276 of 2019 for the alleged offences under Section 304(B), 201, 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the husband of the deceased. It is submitted that falsity of the case is evident in that the matter has since been compromised between the parties. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The petition stands dismissed.

6. Office shall follow-up to ensure that all defects are

Patna High Court CR. MISC. No.36879 of 2020(2) dt.02-02-2021 2/2 removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T