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Patna High CourtCR. MISC./51569/2017dismissed

Jitendra Mandal v. The State Of Bihar

2018-01-17Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 51569 of 2017 Arising Out of PS.Case No. -520 Year- 2013 Thana -FORBESGANJ District- ARARIA =========================================================== Jitendra Mandal, S/o Sri Kulanand Mandal, resident of Village- Kharkhan, P.S. Forbesganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 17-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Forbesganj P.S. Case No. 520 of 2013 dated 22.12.2013 instituted under Sections 498A/379 of the Indian Penal Code, 3/4 of the Dowry Prohibition Act and 3/4 of the Prevention of Witch (Daain) Practices Act, 1999.

3. This is the second attempt of the petitioner seeking bail, as earlier such prayer was rejected by order dated 19.10.2016 in Cr. Misc. No. 35029 of 2014.

4. Learned counsel for the petitioner submitted that he is a poor labourer and would not run away as charges have been framed.

Patna High Court Cr.Misc. No.51569 of 2017 dt.17-01-2018 2/2

5. Learned A.P.P. submitted that there is allegation of torture against his wife and two children and he has remarried and, thus, the petitioner does not deserve the privilege of bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that there are no mitigating circumstances except for passage of time, to grant bail to the petitioner and the reasons recorded in order dated 19.10.2016 passed in Cr. Misc. No. 35029 of 2014, are reiterated.

7. Accordingly, the application stands dismissed.

8. However, the Court below shall expedite the trial and conclude the same expeditiously and latest within four months from the date of production of a copy of the order. (Ahsanuddin Amanullah, J.) Anand Kr.

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