Kamleshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36803 of 2017 Arising Out of PS.Case No. -418 Year- 2016 Thana -AMARPUR District- BANKA ====================================================== Kamleshwari Yadav Son of Late Lodhu Yadav, Resident of VillageDhoghari, P.S.- Fullidumar, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Mukherjee, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.06.2017 in connection with Amarpur (Fullidumar) P.S. Case No. 418 of 2016 for the offences alleged under Sections 302 and 120(B)/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the first information report has been instituted after 14 days on 07.10.2016 for the alleged occurrence of 23.09.2016. The witnesses have initially stated during investigation that the death of the husband of the informant has occurred owing to fall. There is admittedly land dispute between the parties and there is no eye-witness to the occurrence. The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant privilege of bail to the petitioner at this stage. The bail petition stands dismissed. The petitioner shall be at liberty to renew his

Patna High Court Cr.Misc. No.36803 of 2017 (3) dt.04-10-2017 2/2 prayer for bail after framing of charge.

(Vikash Jain, J) B.T/Chandran U T