Balram Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30148 of 2020 Arising Out of PS. Case No.-41 Year-2016 Thana- DANDKHORA District- Katihar ====================================================== BALRAM MANDAL S/o- Tilakchandra Mandal R/o- Soti Bijalli, P.S.- Dandkhora, District- Katihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehta, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2021 Let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 06.11.2020, within four weeks from today.

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

The petitioner seeks bail in connection with Dandkhora P.S. Case No. 41 of 2016, registered under Section 302/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner is the husband of deceased and the prayer for bail of the petitioner was refused twice, on merit, lastly on 13.02.2019 passed in Criminal Miscellaneous No. 61882 of 2018 with direction to the Court below to conclude the trial of the petitioner within a period of six months and if

Patna High Court CR. MISC. No.30148 of 2020(2) dt.03-02-2021 2/2 the trial is not concluded within the aforesaid period, the petitioner would be at liberty to renew his prayer for bail. Further submission is that more than two years has already been elapsed after passing the order dated 13.02.2019 passed in Criminal Miscellaneous No. 61882 of 2018, but the trial of the petitioner is still pending before the learned Additional Sessions-II, Katihar. The petitioner is in custody since 01.09.2016.

Having regard to the facts and the circumstances of the case and keeping in view the observation made in order dated 13.02.2019 passed in Criminal Miscellaneous No. 61882 of 2018, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Katihar in connection with Dandkhora P.S. Case No. 41 of 2016 (S.T. No. 285 of 2016).

(Rajendra Kumar Mishra, J) manish/- U T