Khonehu Mandal @ Khonay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47952 of 2016 Arising Out of PS.Case No. -197 Year- 2015 Thana -BHAWANIPUR District- PURNIA ====================================================== Khonehu Mandal @ Khonay Mandal, S/o Chhanguri Mandal, Resident of Village- Singhiyan, Sunder, P.S.- Bhawanipur, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-11-2016 Heard the counsel for the petitioner and the State. The petitioner being the husband of the deceased and accused of Bhawanipur P.S. Case No. 197 of 2015 registered under section 304-B IPC, has prayed for grant of bail. The brother of the victim lodged the case alleging that soon after marriage about 03 years ago of his sister with the petitioner she was being tortured. On the date of occurrence his brother-in-law informed about the killing of the deceased at her Sasural by poisoning. The dead body of the deceased was concealed in a bush.

Learned counsel for the petitioner submits that there is no eye-witness to the occurrence. The deceased consumed poison on her own. The doctor holding/conducting the post mortem has

Patna High Court Cr.Misc. No.47952 of 2016 (2) dt.17-11-2016 2/2 preserved the viscera and the report thereof is awaited. The petitioner is in custody since 06.09.2015.

Learned APP opposed the prayer and submitted that within 07 years of marriage the victim was done to death in mysterious/suspicious circumstances while she was at her Sasural. There is allegation of demand of dowry and perpetration of torture on her.

Considering the facts and circumstances evidencing from the records, I am not persuaded to extend the petitioner the privilege of bail. Prayer is accordingly rejected. The court below in seisin of the case/trial shall endeavour to expedite the trial and record sufficient progress within 10 months from the date of receipt/production of a copy of this order failing which the petitioner shall have liberty to renew his prayer for bail in the court below itself. (Kishore Kumar Mandal, J) HR/- U T