Sikandra Kumar @ Sikandar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26485 of 2024 Arising Out of PS. Case No.-1134 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Sikandra Kumar @ Sikandar Mandal Son of Indradeo Mandal Resident of Pakkisarai, P.S. Ghogha, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kahalgaon (Ghogha) P.S. Case No. 1134 of 2023 dated 27.09.2023, lodged under Sections 304(B), 34 of the Indian Penal Code pending before the Court of Additional District & Sessions Judge-XIII, Bhagalpur.

3. As per the prosecution, FIR has been lodged against 9 named accused persons including the present petitioner against whom there is an allegation that they have killed informant's daughter due to non-fulfillment of demand of dowry.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26485 of 2024(4) dt.27-09-2024 2/3 petitioner is innocent and has committed no offence. Counsel submits that informant's daughter has committed suicide and it is not a murder. Counsel submits that the petitioner has unnecessarily been made accused in this case. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 29.09.2023. Counsel also submits that charge-sheet has been submitted and charge has already been framed in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that case diary as well as postmortem report of the deceased has been called for and from the said post-mortem report, it has been opined that the injury was antemortem and dangerous to life in ordinary course of nature and caused by pressure and compression of neck by a ligature material after suspending the body. Counsel also submits that in the case diary, the statement of torture for dowry has come through the mouth of different witnesses. In response there of, Counsel for the petitioner submits that all the witnesses are the family members.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.26485 of 2024(4) dt.27-09-2024 3/3

8. Trial Court is directed to expedite the trial within 9 months from today.

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