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Patna High CourtCR. MISC./24281/2016rejected

Ram Ekbal Bhagat v. The State Of Bihar

2016-07-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24281 of 2016 Arising Out of PS.Case No. -172 Year- 2015 Thana -BHORE District- GOPALGANJ ====================================================== Ram Ekbal Bhagat son of Parmanand Bhagat Resident of village- Khadahi, P.S. Bhore, District- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 304B/34 of the Indian Penal Code.

Petitioner happens to be the husband of the deceased. The deceased died within six months of her marriage. Admittedly, deceased died in other than normal circumstances. There is allegation of illegal demand and torture.

Submission on behalf of the petitioner is that deceased died due to bite of snake and as a matter of fact when deceased was bitten by a snake, she was immediately rushed to hospital where she was declared brought dead. The postmortem report of deceased reveals that bleeding was coming out from both nostrils

Patna High Court Cr.Misc. No.24281 of 2016 (3) dt.15-07-2016 2/2 and from mouth of the deceased. The doctor did not find any sign of bite of snake in his postmortem report.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail. Hence, his prayer for bail in connection with Sessions Trial No.217 of 2016 arising out of Bhore P.S. Case No.172 of 2015 pending in the court of 1st Additional Sessions Judge, Gopalganj stands rejected.

(Hemant Kumar Srivastava, J) N.H./- U T