Kamlesh Yadav @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23640 of 2024 Arising Out of PS. Case No.-122 Year-2022 Thana- BIKRAM District- Patna ====================================================== KAMLESH YADAV @ KAMLESH KUMAR SON OF UMESH YADAV RESIDENT OF VILLAGE - PAUNAPUR, P.S. - BIKRAM, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bikram P.S. Case No. 122 of 2022 registered for the offence punishable under Section-304(B)/34 of the Indian Penal Code.

3. Allegation against the accused persons including the petitioner is of torturing and causing death of the victim due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. It has further been submitted that this is a case of suicide. The deceased herself committed suicide by hanging. It has also been submitted that it is bona fide of the petitioner that the deceased was taken to the doctor where she died. The allegation imposed upon the petitioner for offence under Section-304(B) of

Patna High Court CR. MISC. No.23640 of 2024(5) dt.11-09-2024 2/2 the Indian Penal Code is baseless. The petitioner is rotting in jail since 18-03-2022.

5. On the otherhand, learned APP for the State has opposed the prayer for bail by submitting that the deceased died within nine months of the marriage and soon before her death, there was demand of dowry.

6. The status report of the case has been received by the trial court.

7. From perusal of the report, it appears that out of six prosecution witnesses, two witnesses have been examined. It also appears from the report that the case is likely to be concluded within six months.

8. Considering the aforesaid facts and circumstances, presently I am not inclined to grant bail to the petitioner and accordingly, the same is rejected.

9. The learned trial court is directed to take every endeavour to expedite the trial and dispose it of within a period of six months.

(Nawneet Kumar Pandey, J) A.K.V.//- U T