Brajesh Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17430 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== BRAJESH MANDAL S/O LATE SHIV MANDAL R/O VILLAGEKAJIPURA, P.S-KAHALGAON, DISTRICT-BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 304B of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was married to the petitioner in the year 2018. It is stated that the accused persons including the petitioner herein tortured the informant's daughter for non-fulfillment of the demand of dowry to the tune of Rs. 10 lacs and ultimately on 20.2.2020 the informant was informed that his daughter had died.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the husband of the

Patna High Court CR. MISC. No.17430 of 2021(3) dt.28-09-2021 2/2 deceased. The allegations levelled in the FIR are false and concocted. The petitioner is in custody since 21.2.2020 and there is no chance of the trial concluding in near future. The petitioner has no criminal antecedent.

Heard learned APP for the State.

A report was called for with respect to the stage of the trial from the learned trial Court. As per the report received contained in letter dated 3.9.2021 of the learned Sessions Judge, Bhagalpur, one out of the total of five witnesses has been examined on behalf of the prosecution.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the postmortem report and the report of the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Prakash/- U