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Patna High CourtCR. MISC./19035/2017rejected

Shatrughan Rai @ Bhuwali @ Bhuwali Rai v. The State Of Bihar

2017-06-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19035 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Shatrughan Rai @ Bhuwali @ Bhuwali Rai, S/o Radha Krishna Rai, R/o Shivpur, P.S. Shahpur & District - Bhojpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajit Kumar, Advocate For the Opposite Party : Mr. Sri Bharat Bhushan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 78 of 2016, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code. Allegedly, Usha Devi the daughter of the informant was married with the petitioner, out of wedlock there are two sons and two daughters, one of the daughter has attained the age of marriage, to purchase harvester the petitioner and other demanded money from Usha Devi and due to refusal she was killed by the petitioner and others after strangulating her. Submission is of false implication and that the money was deposited for the marriage of daughter in joint account, the

Patna High Court Cr.Misc. No.19035 of 2017 (3) dt.30-06-2017 2/2 allegation of pressurizing the deceased is totally false, the deceased died due to illness and her dead body was cremated in presence of the informant but informant later on lodged this false case and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the petitioner is the husband and he was pressurizing for money and killed her and, as such, the petitioner does not deserves bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Shahpur P.S. Case No. 78 of 2016, pending in the Court of learned A.C.J.M.-14th, Bhojpur.

(Jitendra Mohan Sharma, J.) Rajiv/- U T