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Patna High CourtCR. MISC./50793/2016rejected

Subash Sah v. The State Of Bihar

2017-01-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50793 of 2016 Arising Out of PS.Case No. -147 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Subash Sah Son of Bhola Prasad Resident of Village- Praduman Chhapra, P.S Kesariya, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Kesariya P.S. Case No. 147 of 2016 registered under sections 498A, 328, 304B of the I.P.C. and 3⁄4 of the Dowry Prohibition Act pending in the Court of A.C.J.M.-II, East Champaran, Motihari. The allegation is of cruelty and torture for nonfulfillment of demand of dowry. Thereafter, the deceased was killed by administering poison.

Learned counsel appearing on behalf of the petitioner submits that petitioner is father-in-law of the deceased and has falsely been implicated in this case.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner and also submits that viscera

Patna High Court Cr.Misc. No.50793 of 2016 (3) dt.13-01-2017 2/2 has been kept reserved for examination.

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. However, petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Shail/- U T