Kamlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50593 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -NAWANGAR District- BUXAR ====================================================== Kamlesh Yadav, son of Chhotan Yadav, resident of village-Keshnath, P.S. Navanagar, District-Buxar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 04-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Nawanagar P.S. Case No.70 of 2015 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Buxar.
The accusation is of killing Rinku Devi alias Usha Devi, the daughter of the informant, Birendra Kumar Singh, by the petitioner, who happens to be the husband of the deceased, and her other in-laws for non-fulfillment of the dowry demand. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the deceased. In fact, the deceased had committed suicide by burning herself.
Patna High Court Cr.Misc. No.50593 of 2015 (3) dt.04-02-2016 2/2 On the other hand, learned A.P.P., appearing on behalf of the State, submits that, admittedly, the deceased died within three years of her marriage at her matrimonial house and in the postmortem examination of the deceased cause of death of the deceased was found to be asphyxia due to smothering followed by flame.
Having regard to the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T