Kamlesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27567 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Kamlesh Kumar Yadav Son of Late Dinanath Yadav, Resident of VillagePhulawariya, P.S-Mairwa, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sandesh Roy For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Mairwa P.S. case No.274 of 2018 registered under Sections 498(A), 304(B)/34 of the Indian Penal Code, pending in the court of A.C.J.M. VII, Siwan. Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.01.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to

Patna High Court CR. MISC. No.27567 of 2019(3) dt.13-05-2019 2/2 suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence. General and omnibus allegation has been made.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.

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

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T