Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27964 of 2015 Arising Out of PS.Case No. -172 Year- 2014 Thana -KURTHA District- JEHANABAD ====================================================== Kamlesh Yadav Son of Janardan yadav Residence of Village Pratapur, P.s Kurtha, District Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rashmi Kumari Mandilwar For the Opposite Party/s : Mr. Dr.Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 The petitioner is apprehending his arrest in Kurtha P.S. Case no.172/14 for the offences instituted under Sections 302, 376 and 201/34 of the I.P.C.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The prosecution case, in brief, is that on 20.11.2014 at about 6 A.M. grand daughter of the informant, namely, Sneha Kumari, aged about 13 years had gone to tuition and when till 5 P.M. she did not return, her family members started searching her but she could not be traced out. On the following day the informant was informed by a villager that the dead body of Sneha Kumari is lying in the paddy field of Saroj Singh. On account of love affairs going between the deceased with the petitioner, the

Patna High Court Cr.Misc. No.27964 of 2015 (2) dt.23-07-2015 2/2 informant raised suspicion against the petitioner who along with his wife and elder daughter might have killed the grand daughter of the informant after committing rape upon her. On behalf of the petitioner it has been submitted that the main allegation is against the wife of the petitioner. Petitioner is concerned only suspicion has been raised against him. It is further submitted that the petitioner has got no criminal antecedent.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge 1st, Jehanabad, in Kurtha P.S. Case No.172/14 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sudhir Singh, J) AnilKrSinha/- U T