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Patna High CourtCR. MISC./64284/2019rejected

Amit Yadav v. The State Of Bihar

2020-02-26Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64284 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Amit Yadav Son of Late Ramanandan @ Ramanandan Yadav Resident of Village - Bhaluahi, P.S. - Darbhanga (Sadar), District - Darbhanga (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Darbhanga Sadar P.S. Case No. 133 of 2018, registered for the offence punishable under Sections 304(B)/302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to land dispute. Further submission is that there is no specific allegation of demand of dowry against the petitioner and petitioner is in custody since 20.04.2018.

Vide order dated 16.10.2019, report was called for,

Patna High Court CR. MISC. No.64284 of 2019(3) dt.26-02-2020 2/2 which has been received and is kept at Flag "P". It appears from the report that the case is at the advance stage as out of 16 witnesses, 13 witnesses have already been examined and 3 witnesses i.e. the informant, I.O. and doctor are left to be examined.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties and in view of the report of the trial court, I am not inclined to grant bail to the petitioner.

Accordingly, this application is rejected.

(Arvind Srivastava, J) S.Katyayan/- U T