Nilesh Yadav @ Nilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88461 of 2024 Arising Out of PS. Case No.-130 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Nilesh Yadav @ Nilesh Kumar Son of Sikendra Yadav Resident of VillageSherbasa, P.O.- Beldaur, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shekhar Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Beldaur P.S. Case No. 130 of 2023 dated 15.06.2023 registered for the offences punishable under Sections 304B read with Section 34 of the Indian Penal Code, later on Section 398A and Section 3 and 4 of the Dowry Prohibition Act was added.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant's daughter by administering poison to her due to non-fulfillment of demand of dowry of Rs. 2 lakh and a motorcycle.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.88461 of 2024(3) dt.14-02-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner who is the husband of the informant. The petitioner neither demanded any dowry nor tortured the informant. The petitioner has no concern with the alleged offence. The informant has not made any complaint in the concerned police station regarding the said occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.06.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Beldaur P.S. Case No. 130 of 2023, pending in the Court of learned Judicial Magistrate-1st Class-cum-A.M., Khagaria.
7. Learned court below is directed to expedite the trial and conclude the same at the earliest.
(Chandra Prakash Singh, J) Shivam/- U T