Amlesh Kumar Yadav @ Amlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.601 of 2023 Arising Out of PS. Case No.-277 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Amlesh Kumar Yadav @ Amlesh Kumar Son of Shiv Nandan Yadav R/VBariyahi, P.S- Barauni (Chakia O.P) Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-07-2023 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail who is in custody since 20.05.2022 in connection with Barauni P.S. Case No. 277 of 2021, F.I.R. dated 08.07.2021 for the offences punishable under Sections 304(B), 201 and 120B of the Indian Penal Code. According to prosecution case, this petitioner along with other accused persons regularly pressurized the deceased for dowry and due to this reason they have killed the deceased and cremated her dead body.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.601 of 2023(4) dt.11-07-2023 2/2 implicated in the present case merely on the basis of the fact that the petitioner is the husband of the deceased. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that the only wrong thing which the petitioner has committed is that he has not informed the police and disposed of the dead body of the deceased.
The learned Additional Public Prosecutor on the basis of material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the marriage was performed two years ago and the petitioner and his family members have killed the deceased and disposed of the dead body and this petitioner being the husband of the deceased has a greater responsibility towards his wife. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Barauni P.S. Case No. 277 of 2021 pending in the court of learned Additional District & Sessions Judge-V, Begusarai. Prayer is refused.
(Rajesh Kumar Verma, J) Vanisha/- U T