Hasibul Mansoori @ Hansibul Mansoori @ Habibul Mansuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44813 of 2015 Arising Out of PS.Case No. -39 Year- 2013 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Hasibul Mansoori @ Hansibul Mansoori @ Habibul Mansuri Son of Late Fazir Mansoori, resident of village- Jamaila, Police Station- Rudrapur, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 25-01-2017 Heard learned counsels of the petitioner and the State.

The petitioner has renewed the prayer for bail in a case registered for the offences punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code. Subsequently, sections 302 and 120B of the IPC were also added. The petitioner being the informant of the case alleged that on 14.04.2013 the petitioner was going to attend the marriage ceremony with Malik Yanatullah and they met with an accident when Malik Yanatullah died on the spot and petitioner received injuries. Subsequently during investigation it transpired that the brother-in-law of the victim, Bajmuzma, in conspiracy with this petitioner killed the victim due to the property

Patna High Court Cr.Misc. No.44813 of 2015 (6) dt.25-01-2017 2/2 dispute. The petitioner also admitted this fact that Bajmuzma and others killed the victim in his 161 and 164 Cr.P.C. statements. Considering the fact that the evidence collected during investigation suggests that this petitioner conspired in killing the victim and lodged FIR with frivolous accusation, the prayer for bail was rejected vide order dated 15.01.2015 passed in Cr. Misc. No. 22610 of 2014. The report of Superintendent of Police, Madhubani dated 24.10.2016 reflects that last witness S.I. Ranjit Kumar was examined and partly cross-examined and supposed to be discharged on 25.10.2016.

Considering the advance stage of the trial, this Court is not inclined to revise the earlier order. Accordingly, the prayer for bail of the petitioner is rejected. It is expected from learned 3rd Additional Sessions Judge, Madhubani to conclude the trial of Sessions Trial No. 50 of 2015 arising out of Jhanjharpur (Arariya Sangram) P.S. Case No. 39 of 2013 preferably within a period of four months. (Dinesh Kumar Singh, J) DKS/- U T