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Patna High CourtCR. MISC./51348/2013rejected

Kamlesh Yadav v. The State Of Bihar

2015-06-22Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51348 of 2013 Arising Out of PS.Case No. -88 Year- 2012 Thana -ROH District- NAWADA ======================================================

1. Kamlesh Yadav Son Of Bhola Yadav Resident Of Village- Samraitha, P.S.- Roh, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Shailendra Kumar For the Opposite Party : Mr. M. Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard both sides.

Sole petitioner, who is husband of the victim, apprehends his arrest in connection with Roh P.S. case no. 88 of 2012 registered under Sections 304B, 201 and 120B/34 of the IPC. The brother of the victim lodged the First Information Report alleging that within two years of marriage of his sister she was done to death in the matrimonial home. Prior thereto she was tortured on account of non fulfillment of dowry. Learned counsel for the petitioner submits that the victim died of illness. She was afforded treatment before death. There is no eye-witness to the occurrence.

Learned APP appearing on behalf of the State opposes the prayer.

Patna High Court Cr.Misc. No.51348 of 2013 (7) dt.22-06-2015 2/2 Considering the facts and circumstances of the case and the seriousness of the offence, I am not persuaded to privilege the petitioner with anticipatory bail. Prayer for anticipatory bail is rejected.

In case the petitioner surrenders and prays for regular bail before the learned Court below, the same shall be considered and disposed of on its own merit uninfluenced in any manner by the present order.

(Kishore Kumar Mandal, J) Shyam/- U T