Patna High CourtCR. MISC./427/2020dismissed

Nandjee Mushar v. The State Of Bihar

2020-05-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.427 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== Nandjee Mushar, aged about 35 years, Male, S/o Motilal Mushar @ Moti Lal Ram, R/o village- Dhanauti, P.S.- Charpokhari, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar, Advocate For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-05-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Charpokhari P.S. Case No. 151 of 2019 registered for the offences punishable under Sections 498A, 302 of the Indian Penal Code.

Allegation against the petitioner as reveals from the F.I.R. is that Rina Devi and her husband Nand Jee Mushar quarrelled with each other with regard to domestic issue. The daughter of the petitioner Tinku Kumari went to intervene, the petitioner pushed her, she fell down. Thereafter, the petitioner caught hold the hairs of Rina Devi and dashed her dead and she succumbed due to head injury and the petitioner fled away. Learned counsel for the petitioner submits that there is no eye witness to support the prosecution. He further submits

Patna High Court CR. MISC. No.427 of 2020(4) dt.29-05-2020 2/2 that from perusal of the F.I.R., it is also apparent that there was no illegal demand by the petitioner from the deceased or parent so the offence under Section 498A is not made out against the petitioner.

The statement of Tinku Kumari, daughter of the petitioner recorded by I.O. at paragraph-8 of the case diary, which indicate the complicity of the petitioner causing death of his wife.

In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Therefore, the prayer for grant of bail to the petitioner is hereby rejected in connection with Charpokhari P.S. Case No.151 of 2019.

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