Patna High CourtCR. MISC./36152/2019rejected

Jawed Khan v. The State Of Bihar

2019-09-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36152 of 2019 Arising Out of PS. Case No.-182 Year-2018 Thana- GORIAKOTHI District- Siwan ====================================================== JAWED KHAN Son of Halim Khan Resident of Village- Lilaru, Police Station- Goreakothi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Goreakothi P.S. Case No. 182 of 2018 registered under sections 302, 304(B), 120(B)/34 of the I.P.C. pending in the Court of C.J.M., Siwan.

Submission of learned counsel for the petitioner is that petitioner is husband of the deceased. He is quite innocent and has falsely been implicated in the present case on suspicion. There is general and omnibus allegation against the petitioner. Further submission is that petitioner is in custody since 26.10.2018.

Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending

Patna High Court CR. MISC. No.36152 of 2019(3) dt.03-09-2019 2/2 that petitioner is husband of the deceased. On perusal of first information report, it appears that there is direct allegation of cruelty against the petitioner for non-fulfillment of demand and thereafter, the deceased was set on fire by sprinkling kerosene oil, as a result of which, she died in the hospital. 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