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Patna High CourtCR. MISC./55823/2019dismissed

Shambhu Kumar @ Shambhu Paswan v. The State Of Bihar

2019-12-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55823 of 2019 Arising Out of PS. Case No.-81 Year-2013 Thana- SARAIYA DistrictMuzaffarpur ====================================================== SHAMBHU KUMAR @ SHAMBHU PASWAN Son of Jagdish Paswan Resident of Village - Pokhraiya Naya Road, P.S.- Saraiya, Dist.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nilesh Kumar, Advocate.

For the Opposite Party:

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.07.2018 in connection with Saraiya (Jaitypur O.P). P.S. Case No. 81 of 2013 for the offences alleged under Sections 498A, 323, 304B, 506, 201 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the husband of the deceased. It is submitted that the informant was present during the treatment of the deceased after having suffered burn injury due to cooking as evident from the death certificate bearing signature. The petitioner claims clean antecedents.

4. Learned A.P.P. assisted by learned counsel for the

Patna High Court CR. MISC. No.55823 of 2019(3) dt.04-12-2019 2/2 informant opposes the bail petition. It is submitted on behalf of the informant that the deceased was taken for treatment at the instance of the informant.

5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T