High Court Patna High Court - Orders

Shatrughna Sharma vs The State Of Bihar on 24 August, 2011

Patna High Court – Orders
Shatrughna Sharma vs The State Of Bihar on 24 August, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                Criminal Miscellaneous No.27208 of 2011
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Shatrughna Sharma, son of late Bahadur Sharma, resident of
village- Banpura, P.S. Rasulpur, District-Saran… Petitioner
Versus
The State Of Bihar………………………………………Opp. Party

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2 24-8-2011 Heard learned counsel for the petitioner and

learned counsel for the State.

Petitioner’s prayer for anticipatory bail, at the

stage of investigation, was rejected on 10th September, 1999

vide annexure-2. Annexure-5 shows that charge-sheet was

submitted against only two of the named accused and not

against the petitioner. Although police submitted final form

against the petitioner but the learned Magistrate differed

from the opinion of the police and after taking cognizance

issued summons against him in the year 2005. Petitioner

applied for anticipatory bail again before the Sessions

Judge in the year 2011 which has been rejected.

Considering that petitioner is husband of the

deceased lady who died due to burn injury, he is named in

the F.I.R. and the nature of the offence under section 306 of

the I.P.C., this Court is not persuaded to grant anticipatory
2

bail to the petitioner. The prayer is again rejected. This

order shall not prejudice the case of the petitioner if he

surrenders and seeks regular bail in the court concerned i.e.

the court of Chief Judicial Magistrate, Saran in connection

with Rasulpur P.S.Case No. 51 of 1998.

Naresh                             ( Shiva Kirti Singh, J.)