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Patna High CourtCR. MISC./51964/2016rejected

Kamlesh Sah v. The State Of Bihar

2017-04-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51964 of 2016 Arising Out of PS.Case No. -160 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kamlesh Sah Son of Subhash Prasad, resident of village - Lalachhapra, Bairiya, Police Station Keshariya, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lalan Kumar Verma, Advocate For the Opposite Party/s : Mr. Sri Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Kesariya P.S. Case No. 160 of 2016 registered under Sections 341,323,498(A), 304(B) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case only on suspicion. The deceased was a short tempered lady and she herself committed suicide. The petitioner always lives outside the house for his livelihood.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that the petitioner who is husband is

Patna High Court Cr.Misc. No.51964 of 2016 (4) dt.06-04-2017 2/2 named accused and there is direct allegation against him of dowry death.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the State, I do not feel inclined to grant the privilege bail to the petitioner. His prayer for bail is, therefore, rejected.

(Arvind Srivastava, J) Prakash/- U T