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Patna High CourtCR. MISC./57164/2021bail rejected

Shitlal Sah @ Shitlal Sah @ Sital Sh v. The State Of Bihar

2022-05-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57164 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== SHITLAL SAH @ SHITLAL SAH @ SITAL SH S/o Late Janak Sah R/o Mohalla - Laxmichowk Ward No. 3, P.S.- Brahmpura, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have thrown the husband of the informant on ground and of having strangulated him with his hands.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No motive has been given in the F.I.R. for the alleged occurrence. The petitioner is in custody since 8.8.2020 and investigation in the case has concluded.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.57164 of 2021(3) dt.09-05-2022 2/2 taking into consideration the direct allegation against the petitioner of having strangulated the husband of the informant together with the contents of the post-mortem report which shows that the deceased died due to asphyxia as a result of antemortem strangulation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. (Partha Sarthy, J) Saurabh/- U T