Shubhankar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33223 of 2015 Arising Out of PS.Case No. -111 Year- 2012 Thana -MURLIGANJ District- MADHEPURA ======================================================
1. Shubhankar Mandal Son of Rajendra Mandal resident of village - Haripur Tinkonma, Police Station - Murliganj, District - Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is languishing in jail custody since 27.07.2012 in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.
The trial court has reported that charge against the petitioner was framed on 26.02.2014 and two prosecution witnesses appeared for evidence on 09.06.2015 but due to noncooperation of co-accused, the evidence of aforesaid prosecution witnesses could not be examined.
Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to
Patna High Court Cr.Misc. No.33223 of 2015 (3) dt.15-10-2015 2/2 release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 232 of 2012 arising out of Murliganj P.S. Case No. 111 of 2012 pending in the court of 2nd Additional Sessions Judge, Madhepura stands rejected. However, learned trial court is directed to conclude the trial of the petitioner within four months from the date of receipt/production of copy of this order even by taking the trial of the petitioner on day to day basis. It is made clear that if the trial court fails to conclude the trial of the petitioner within the above stated period of four months, the petitioner shall be at liberty to renew his prayer for bail before the learned trial court itself. (Hemant Kumar Srivastava, J) SHAHZAD/- U T