Patna High Court - Orders
Arshe Aalam @ Arshe Azam vs The State Of Bihar on 8 July, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72685 of 2018
Arising Out of PS. Case No.-161 Year-2017 Thana- SAKRI District- Madhubani
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Arshe Aalam @ Arshe Azam Son of Md. Alam @ Munna, Resident of village
Bhitoli, P.S. Sakri, District- Madhubani.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Sri Asharaf Ansari
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
5 08-07-2019Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Sakri P.S.Case no.161 of 2017 dated 7.12.2017, registered for offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
Allegation against the petitioner who happens to be husband is of demand of dowry and also administering her poison.
Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and he is a poor person, as such the story of demand is false.
Heard learned A.P.P. and perused the viscera report, which clearly shows that Aluminium Phosphide was detected in the contents of glass jar, it is used as a grain preservative and is Patna High Court CR. MISC. No.72685 of 2018(5) dt.08-07-2019 2/2 highly poisonous.
In such view of the matter, I am not inclined to grant privilege of anticipatory bail and the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered on its own merit.
With the aforesaid direction, this application is dismissed. Office is directed to return the viscera report send by F.S.L. in sealed cover to the Director, F.S.L. to produce the same in the court concerned at once.
(Vinod Kumar Sinha, J) chn/-
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