Chotu @ Deepak Prasad Mandal @ Deepak Kumar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.24012 of 2016 (3) dt.24-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24012 of 2016 Arising Out of PS.Case No. -47 Year- 2014 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Chotu @ Deepak Prasad Mandal @ Deepak Kumar Mandal son of Mahendra Prasad Mandal, resident of Pataniyan Tola RAsulpur Dahla Ward No.16, Police Station Sahebganj Town, District Sahebganj (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2016 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in S.T. No.791 of 2014 in connection with Bhagalpur (Railway) P.S. case No.47 of 2014 instituted for the offence under Sections 302/34 of the Indian Penal Code and 3(2)(v) of SC & ST Act, pending in the court of learned 2nd Additional District cum Special Judge, Bhagalpur. The prosecution case, in brief, is that on the alleged date and time of occurrence the accused persons including the petitioner came to the house of the informant and co-accused Md. Hani told her father that he has stolen Rs.8000/- but he denied. Thereafter they took the father of the informant to Kabari shop of co-accused Pankaj Das. When the informant reached the Kabari shop, she found the dead body of her father in front of Kabari

Patna High Court Cr.Misc. No.24012 of 2016 (3) dt.24-08-2016 shop.

Earlier the bail application of the petitioner was rejected vide Annexures 1 and 1/1. This is the third attempt on behalf of the petitioner. A report was called for from the Trial Court regarding the stage of the trial. The same is at flag 'A'. It has been reported that within the period of six months the trial may be concluded. Charge has already been framed.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial within a period of seven months from the date of receipt/production of a copy of this order.

The District Magistrate, Bhagalpur and the Superintendent of Police, Bhagalpur are also directed to take necessary steps to produce the prosecution witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Bhagalpur and the Superintendent of Police, Bhagalpur.

(Sudhir Singh, J) Narendra/- U T