Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48062 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- CHENARI District- Rohtas ====================================================== Kamlesh Singh Son Of Ramesh Singh Resident Of Village Babhni Police Station Karghar Dist Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for bail in connection with Chenari P.S. Case No. 221 of 2022 instituted for the offence under Sections 498(A), 341, 323, 307, 504 and 506 of the Indian Penal Code. Charge sheet has been submitted under Sections 302 and 498A of the IPC.

Allegation against the petitioner is that he committed murder of his wife.

It is submitted by learned counsel for the petitioner that petitioner is the husband of the deceased due to which he has been falsely implicated in this present case. It is further submitted from para-11 of this petition that after the occurrence, petitioner was fled and caught by the villagers and it is

Patna High Court CR. MISC. No.48062 of 2023(6) dt.06-02-2024 2/3 surprising that no any villager and independent witness have been examined neither they have stated that petitioner was caught by them. The knife which was used in the commission of murder has not been recovered from the conscious possession of this petitioner. Informant and deceased had greed for the land of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 22.11.2022.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner is named in FIR and there is specific allegation against the petitioner to commit murder of his wife and he was caught by the villagers of the informant when he was fleeing from the place of occurrence. From perusal of the postmortem report, doctor opined that the death of deceased is due to several injuries sustained on the body of the deceased. During investigation, witnesses supported the prosecution case. Petitioner being the husband of the deceased had full responsibility to keep his wife with full dignity and honour which he did not do so.

Having heard the learned counsel for the parties and

Patna High Court CR. MISC. No.48062 of 2023(6) dt.06-02-2024 3/3 considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T