Chaturi Musahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61760 of 2022 Arising Out of PS. Case No.-214 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Chaturi Musahar Son Of Sigahan Mushahar @ Shivgahan Mushahar R/VMamrejpur Mushahar Tola, P.S.- Mohania District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304B, 328 of the Indian Penal Code.

Petitioner is said to have committed murder of the sister of the informant by administering poison. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the petitioner is the husband of the deceased, therefore, he has been made accused in this case. He submits that at the time of occurrence, petitioner was not present there. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Patna High Court CR. MISC. No.61760 of 2022(2) dt.23-02-2023 2/2 Learned APP for the State opposes the prayer for bail.

Considering the facts that the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Mohania P.S. Case No. 214 of 2022.

(Anjani Kumar Sharan, J) devendra/- U T