Chunna Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35764 of 2017 Arising Out of PS.Case No. -449 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ====================================================== Chunna Mandal, son of Late Rameshwar Mandal, resident of VillageKurma, P.S.- Sanokhar, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Davendra Kumar Pandey, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.10.2015 in connection with Sessions Trial No. 147 of 2016 arising out of Kahalgaon P.S. Case No. 449 of 2015 for the offences alleged under Section 302 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no eye witness to the occurrence. Petitioner has been implicated merely because he happens to be the husband of the deceased and there is no material to connect the petitioner with the alleged occurrence. Learned counsel for the petitioner makes a statement at the Bar that so far only one prosecution witness, being the daughter of the deceased, has been examined who however has turned hostile.

Patna High Court Cr.Misc. No.35764 of 2017 (3) dt.19-09-2017

4. Considering the nature of the accusations and gravity of the offence alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

5. It is however directed that the learned Court below would conclude the trial expeditiously and preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Vikash Jain, J) Md. Ibrarul/Chandran U T