Patna High CourtCR. MISC./57105/2021bail rejected

Shambhu Ram v. The State Of Bihar

2022-01-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57105 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- FATEHPUR District- Kishanganj ====================================================== SHAMBHU RAM Son of - Kailu Ram Resident of Village- Fatehpur, P.S.- Fatehpur, District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have assaulted the daughter of informant with iron rod on her head as a result of of which she died.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that petitioner used to work as labourer at Delhi and he came to his house on the information of death of his wife. Petitioner claims clean antecedent and is in custody

Patna High Court CR. MISC. No.57105 of 2021(2) dt.31-01-2022 2/2 since 13.10.2020 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner is husband of the deceased and there is direct and specific allegation against him that he assaulted his wife with iron rod on her head resulting into her death. Post mortem report also corroborates the allegation made in the FIR.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T