Shiv Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39218 of 2019 Arising Out of PS. Case No.-422 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== SHIV SHANKAR CHOUDHARY Son of Mishri Choudhary Resident of Village-Niyamatpur, P.S-Harnaut, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Prasad Singh No.2 For the Opposite Party/s :

Md. Aslam Ansari ====================================================== 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 Harnaut P.S. Case No. 422 of 2018 registered under section 302/34 of the I.P.C. pending in the Court of C.J.M., Nalanda at Biharsharif.

Submission of learned counsel for the petitioner is that petitioner has no criminal antecedent. He is innocent and has falsely been implicated in the present case with oblique motive. Further submission is that petitioner is in custody since 11.12.2018.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is husband of the deceased. There is direct allegation

Patna High Court CR. MISC. No.39218 of 2019(4) dt.13-09-2019 2/2 against the petitioner in the first information report that he assaulted the deceased by means of bricks with intention to kill her, as a result of which, she died during the course of treatment. 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, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T