Naveen Mandal @ Naveen Kumar @ Naveen Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25261 of 2024 Arising Out of PS. Case No.-32 Year-2023 Thana- EKCHARI District- Bhagalpur ====================================================== Naveen Mandal @ Naveen Kumar @ Naveen Kumar Mandal son of Late Kedar Mandal @ Kedar Nath Mandal Village- Ekchari Diyara Ps- Ekchari Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Ekchari P.S. Case No. 32 of 2023 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that the petitioner along with co-accused persons used to torture and assault the daughter of the informant and ultimately on 10.5.2023, they murdered her daughter by using electric live current.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. No prior complaint has been made

Patna High Court CR. MISC. No.25261 of 2024(3) dt.21-06-2024 2/2 against the petitioner regarding demand of dowry or torturing the deceased. The petitioner has got no criminal antecedent as stated in para-3 of the petition and languishing in judicial custody since 20.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is husband of the deceased upon whom the full responsibility to keep his wife well. Postmortem report annexed with the case diary, corroborates the prosecution case in which cause of death is opined as Asphyxia and shock due to contact with live electric wire (electrocution). It is further submitted the witnesses of this case have also supported the prosecution.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same within a period of nine months, failing which the petitioner may renew his prayer of bail.

(Sunil Kumar Panwar, J) amandeep/- U