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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15051 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- KURSAKANTA District- Araria ====================================================== SHRAVAN MANDAL @ SHRAVAN KUMAR MANDAL S/O DEVANAND MANDAL R/O VILLAGE LAXMIPUR WARD NO 01, P.S KURSAKANTA DISTRICT- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.S.Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Kursakanta P.S. Case No.210 of 2020 registered for the offence punishable under Sections 302 of the Indian Penal Code. The prosecution case in short is that daughter of the informant has died in her matrimonial house. At first it

Patna High Court CR. MISC. No.15051 of 2021(2) dt.26-07-2021 2/3 seemed that she died due to stomach pain but after seeing the dead body it was revealed that she died due to throttling. It is alleged that petitioner used to assault her.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case merely on suspicion and due to local village politics. There is general and omnibus allegation against the petitioner. It is evident from the FIR that daughter of informant was suffering from stomach pain and petitioner being husband, used to look after her treatment. It is also evident from the FIR that before death she had telephonic conversation with her father where she told him about the stomach pain and that she has taken medicine but she did not say that she has been assaulted. The petitioner has no criminal antecedent and has been languishing in custody since 05.12.2020.

Learned APP for the State vehemently opposed the prayer for bail by submitting that petitioner is the husband of the deceased and the post-mortem report shows the opinion of the doctor that the cause of death is due to throttling. Considering the facts and circumstances of this case, I

Patna High Court CR. MISC. No.15051 of 2021(2) dt.26-07-2021 3/3 am not inclined to grant bail to the petitioner. Bail petition is hereby rejected.

However, learned trial court is directed to expedite the trial.

(Anjani Kumar Sharan, J) pallavi/- U T