Jitendra Mandal @ Jitendra Kumar Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.6833 of 2015 (2) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6833 of 2015 Arising Out of PS.Case No. -128 Year- 2013 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Jitendra Mandal @ Jitendra Kumar Mandal Son of Niranjan Mandal, Resident of Village - Mohanpur, P.s. - Jagdishpur (Goradih), District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Upadhyaya For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for bail in connection with S.T. No. 347 of 2014, arising out of Jagdishpur (Goradih) P.S. Case No. 128 of 2013 for the offences alleged under Section 376 IPC which was earlier rejected by order dated 28.03.2014 in Cr. Misc. No. 53185 of 2013.

3. Learned counsel for the petitioner submits that the accusations on the face of it are improbable and in any event the petitioner is in custody since 10.07.2013.

4. Having regard to the nature of accusation as well as gravity of the offence, this Court is not inclined to grant the

Patna High Court Cr.Misc. No.6833 of 2015 (2) dt.17-02-2016 privilege of bail to the petitioner. The bail petition stands dismissed.

5. The learned Trial Court shall have regard to the observation of this Court in the aforesaid Cr. Misc. No. 53185 of 2013 with regard to expeditious conclusion of the trial in terms of Section 309 proviso of the Cr.P.C.

(Vikash Jain, J) Chandran U T