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Patna High CourtCR. MISC./42409/2018dismissed

Shiv Shambhu Singh v. The State Of Bihar

2018-09-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42409 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Shiv Shambhu Singh, S/o late Suraj Singh, R/o Tendua, P.S.- Darigaon (Sasaram), District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhinay Raj, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP Mr. Ashok Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 24-09-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Sessions Trial No.130 of 2018 arising out of Sasaram Darigaon P.S. Case No.33 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code pending in the Court of the learned Additional Sessions Judge, III, Rohtas, Sasaram.

It is alleged that this petitioner was married with sister of the informant about 18 years back. She was tortured by this petitioner along with other accused persons for nonfulfillment of demand of dowry. It is further alleged that about two years ago she learnt that petitioner has performed another

Patna High Court Cr.Misc. No.42409 of 2018 (6) dt.24-09-2018 2/2 marriage with one Sunita Devi. On 05.01.2018 at about 11:00 PM, informant got information from his nephew Ritik that his mother has been killed in her Sasural. He went to Sasural of his sister and found his sister dead.

The counsel of the informant has submitted that statement of son of the deceased has been recorded in para 5 of the case diary, wherein, he has levelled specific allegation against the petitioner of committing murder of his mother. In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected. Liberty is given to the petitioner to renew his prayer for bail after nine months if no substantial progress is made in the trial.

The Court below is directed to expedite the trial. (Sanjay Priya, J) JA/- Rohit Kr.

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