Patna High CourtCR. MISC./20440/2022rejected

Anil Mandal v. The State Of Bihar

2022-07-25Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20440 of 2022 Arising Out of PS. Case No.-534 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== Anil Mandal Son Of Late Dwarika Mandal R/O Village- Hananganj, P.S.- Sherghati, District- Gaya ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sherghati P.S. Case No. 534 of 2021 lodged under Sections 302/34 of the Indian Penal Code.

The prosecution case is that, the present petitioner has killed the prosecutrix warping saree around her neck and pressed her neck with her saree, in result she died on spot. Learned counsel for the petitioner submits that though F.I.R. has been lodged under Section 302 I.P.C. but final report of the police under Section 173 Cr.P.C. has been filed under Section 304 of the Indian Penal Code. Learned counsel for the petitioner further submits that petitioner in in custody since 10.12.2021 and charge sheet has already been filed in this case.

Patna High Court CR. MISC. No.20440 of 2022(2) dt.25-07-2022 2/2 Learned counsel for the State opposes the prayer for bail and submits that there is a direct allegation against this petitioner by strangulating with saree in the neck of the deceased.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, prayer for bail is rejected. The Trial Court is directed to expedite the trial and conclude it within a year, as such the present bail application is rejected at present.

(Dr. Anshuman, J.) ritik/- U T