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Patna High CourtCR. MISC./3928/2017rejected

Shankar Kumar v. The State Of Bihar

2017-02-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3928 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -MAHILA PS District- GAYA ====================================================== Shankar Kumar, son of late Bulak Yadav, Resident of village-Purni Bathan, P.S.-Fatehpur, Dist-Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Deep Nishi For the Opposite Party : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 64 of 2016, registered for the offences punishable under Sections 498A, 323/34 of the Indian Penal Code and 3/4 of D.P. Act.

Allegedly, the petitioner being the husband of the informant started torturing and assaulting her with aid and assistance with other co-accused to bring Rs. 2,50,000/- from her maika otherwise to kill her and ultimately on 23.08.2016 her husband abused her and assaulted her and further tried to burn her by pouring Kerosene oil, but anyhow the informant saved her life. Submission is of false implication and that there is

Patna High Court Cr.Misc. No.3928 of 2017 (2) dt.15-02-2017 2/2 no specific allegation against the petitioner, the allegations are omnibus and general in nature, no injury has been caused to the informant and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation and further the position of the petitioner that he is the husband, I am not inclined to grant privilege of prearrest bail to him and accordingly his such prayer stands rejected in connection with Mahila P.S. Case No. 64 of 2016, pending in the Court of learned S.D.J.M., Gaya (Jitendra Mohan Sharma, J.) Rajiv/- U T