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Patna High CourtCR. MISC./48151/2017rejected

Babloo Mansoori v. The State Of Bihar

2017-10-12Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.48151 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48151 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -DHAMDAHA District- PURNIA ====================================================== Babloo Mansoori, Son of Late Samad Mansoori, resident of Village- Amari Kukrauh, P.S. Dhandhaha, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-10-2017 Heard learned counsel for the petitiones and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhamdaha P.S. Case No. 34 of 2016, registered under Section 304(B)/34 of the Indian Penal Code, pending in the court of Judicial Magistrate Ist Class, Purnea.

The accusation is of killing the sister of the informant by her husband and in-laws by pressing her neck, as her husband wants to perform re-marriage with another lady. Learned counsel for the petitioner submits that petitioner is the husband of the deceased, sister of the informant, and he has falsely been implicated in this case with ulterior motive and no any witness had seen the occurrence. It is fairly submitted

Patna High Court Cr.Misc. No.48151 of 2017 (2) dt.12-10-2017 that the deceased, wife of the petitioner, died due to asphyxia. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T