Shiv Shankar Mandal @ Rahul Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12730 of 2015 Arising Out of PS.Case No. -99 Year- 2014 Thana -MADHEPUR District- MADHUBANI ======================================================

1. Shiv Shankar Mandal @ Rahul Mandal Son of Shankar Mandal resident of Village Bath , P.s. Madhepur, District Madhubani,. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sanjay Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased who died within four years of her marriage in other than normal circumstances. There is accusation that petitioner used to torture the deceased due to non-fulfilment of illegal demand and therefore, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 104 of 2015 arising out of Madhepur P.S. Case No. 99 of 2014 pending in the court of 3rd Additional Sessions Judge, Madhubani stands rejected.

It would appear from perusal of report of learned 3rd Additional Sessions Judge, Madhubani that case of the petitioner

Patna High Court Cr.Misc. No.12730 of 2015 (4) dt.01-09-2015 2/2 has already been committed to the court of Sessions and pending for prosecution evidence.

Petitioner is in jail custody since 08.07.2014 i.e. for more than one year and therefore, I direct the learned trial court to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably within nine months from the date of receipt/production of copy of this order. It is made clear that if the trial of the petitioner is not concluded within the above stated period, the petitioner may renew his prayer for bail before the learned trial court itself.

Let a copy of this order be sent to Superintendent of Police, Madhubani with direction to him to ensure the presence of prosecution witnesses of the aforesaid case before the trial court within four months from the date of receipt/production of copy of this order or whenever, the attendance of prosecution witnesses is required by the trial court.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T