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Patna High CourtCR. MISC./28232/2014rejected

Kamlesh Das v. The State Of Bihar

2015-03-03Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28232 of 2014 Arising Out of PS.Case No. -51 Year- 2014 Thana -RAFIGANJ District- AURANGABAD ====================================================== Kamlesh Das, Son of Kapildeo Das, Resident of Village- Sihola, Police Station- Rafiganj, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s : Mr. Narsing Tanti, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody since 16.4.2014 in connection with Rafiganj P.S. Case No.51 of 2014 registered for the offences under Section 304B of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Aurangabad.

Case diary in the present case has been received. The petitioner is the husband of the deceased lady, who died out of burn injuries.

Learned counsel for the petitioners submits that the petitioner himself had taken the deceased to hospital and the dispute arose not on account of any other reason but it was on

Patna High Court Cr.Misc. No.28232 of 2014 (3) dt.03-03-2015 2/2 account of the fact that the deceased had protested the decision of the petitioner to work at Delhi to earn his livelihood. However, considering the materials in the case diary and also that the petitioner is the husband of the deceased lady and the death had taken place within seven years of the marriage, I am not inclined to enlarge the petitioner on bail. The same is, accordingly, rejected.

(Anjana Mishra, J) PNM U T