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Patna High CourtCR. MISC./63453/2019dismissed

Md. Musahid @ Musahid v. The State Of Bihar

2019-10-21Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63453 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- PALASI District- Araria ====================================================== MD. MUSAHID @ MUSAHID Son of Hasibur Rahman @ Hasibur Rahman Resident of Village - Belwari, P.S.- Palasi, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 3304B/34 of the Indian Penal Code registered in connection with Palasi P.S. Case No. 124/2019.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the husband of the deceased with whom he was married a mere 20 days prior to lodging of the FIR. It is submitted that the police has found the case to be true under Section 306 of the Indian Penal Code , but no charge sheet has been submitted. The petitioner claims clean antecedents.

4. Learned APP on the other hand invites reference

Patna High Court CR. MISC. No.63453 of 2019(2) dt.21-10-2019 2/2 to para 9 of the petition wherein it has been stated that ligature mark around the neck was found and the doctor has opined that the deceased died due to hanging.

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

(Vikash Jain, J) Chandran/- U T