Niranjan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21314 of 2022 Arising Out of PS. Case No.-360 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Niranjan Mandal Son of Mahendra Mandal Resident of Village - Hingana, Ward No.- 10, P.S.- Raniganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Raniganj P.S. Case No. 360 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 09.12.2021.

The allegation against the petitioner is to commit murder of his wife, alongwith other family members/co-accused persons, for executing sale deed belongs to mother of the deceased.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.21314 of 2022(2) dt.05-09-2022 2/3 submitted that allegation against the petitioner is very much general and omnibus and there is no allegation, as regard to demand of dowry. It is further submitted that the death of wife of the petitioner was accidental, as she received burn injuries, while cooking on gas stove. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that petitioner is the husband of the deceased. It is further submitted that, as per post mortem report, cause of death is 'asphyxia due to strangulation', where burn injuries were caused, after death, only suggesting disappearance of evidence, as alleged.

In view of the facts and circumstances as mentioned above, as death of wife of the petitioner caused due to strangulation, where burn injuries were caused after death, this Court is not inclined to grant bail to the petitioner, at present. Accordingly, the prayer for bail of the petitioner is rejected herewith.

Trial Court is directed to conclude the trial within a

Patna High Court CR. MISC. No.21314 of 2022(2) dt.05-09-2022 3/3 period of nine months from the date of receipt of this order, by taking the matter on board, on day to day basis, for expeditious disposal of trial.

Superintendent of Police, Araria is directed to produce the chargesheeted witnesses, as and when directed by the Trial Court, so as to conclude the trial within the aforesaid time period, as directed above.

(Chandra Shekhar Jha, J) Ankit/- U T