Kamlesh Kumar Singh @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11596 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- TILAUTHU District- Rohtas ====================================================== Kamlesh Kumar Singh @ Kamlesh Kumar, S/o Ashok Singh village-Chatni Bigha, P.S-Tilauthu, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 304B, 201 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and thereafter caused death of the victim due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.7.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no substantive evidence

Patna High Court CR. MISC. No.11596 of 2019(3) dt.08-04-2019 2/2 to suggest his implication in the present case nor there is any eye witness to alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the deceased. The onus is on him to explain the cause of death. Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Prayer is rejected. The Trial Court is directed to expedite the trial. (Sudhir Singh, J) Pankaj/- U T