Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45759 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================

1. Kamlesh Singh S/o Jitendra Singh, R/o Vill.- Kishunpura, P.S. - Basantpur, District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sunil Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 201 of the I.P.C Pummy Kumari, the daughter of the informant, was married with the petitioner in the year 2007 and she was being tortured for non fulfillment of demand of dowry and earlier on 04.03.2015 the informant gave Rs. 50,000/- to the petitioner but inspite of that she was burnt to death and her dead body was cremated without giving information to the informant. Submission is of false implication and that the petitioner has voluntarily surrendered on 15.05.2015 and since then he is in custody, the informant has lodged false case with

Patna High Court Cr.Misc. No.45759 of 2015 (3) dt.08-01-2016 2/2 oblique motive, during investigation it has come that the petitioner was having some affair with Mala Devi and due to that there was some dispute and it appears that the deceased burnt herself and as such the petitioner deserves sympathetic consideration as charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes prayer for bail by submitting that the witnesses during investigation have supported the prosecution version.

In the facts and circumstances as stated above, considering that during investigation also the prosecution case has been substantiated and as such this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Basantpur P.S. Case No. 37 of 2015 pending in the court of Sri M.K. Srivastava, J.M. 1st Class, Siwan. However, considering detention of the petitioner let the trial be expedited.

(Jitendra Mohan Sharma, J) Abhay/- U T