Rajendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27368 of 2022 Arising Out of PS. Case No.-356 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Rajendra Mandal S/o Jagdish Mandal @ Jagdish Manjhi Resident of VillageNimiyatand, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priya Ranjan, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barachatti P.S. Case No. 356 of 2019 lodged under Section 302 of the I.P.C.

As per the prosecution case, the allegation in this case is against the husband of the deceased to torture his wife and subsequently kill her.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that complete false F.I.R. has been lodged. He submits that petitioner is in custody in this case since 20.08.2019, his

Patna High Court CR. MISC. No.27368 of 2022(2) dt.13-09-2022 2/2 antecedent is clean. He further submits that charge has already been framed as well as 4 prosecution witnesses have already been examined from whom no cogent material has come. Learned counsel for the State opposes the prayer for bail and submits that a direction may be given to expedite the trial.

In the present facts and circumstances of this case and the submissions made above, I am hereby not inclined to grant bail to the petitioner at this stage but trial court/lower court is directed to expedite the trial of the petitioner and conclude it within 4 months from the date of this order. In case, the trial shall not be concluded within 4 months, the trial court shall release the petitioner on bail but delay must not be caused by the petitioner in trial.

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