Khonehu Mandal @ Khoniya Mandal @ Khonhu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31600 of 2019 Arising Out of PS. Case No.-197 Year-2015 Thana- BHAWANIPUR District- Purnia ====================================================== Khonehu Mandal @ Khoniya Mandal @ Khonhu Mandal Son of Chhanguri Mandal Resident of Village-Singhiyan Sunder, P.S.-Bhawanipur, DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 304B, 201, 120B/34 of the Indian Penal Code.

The prosecution case, in brief, is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-09-2015. Charge sheet in this case has already been submitted. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the application taking into account that the petitioner is husband of the deceased. A report has been received from the trial court, from which, it appears that already 7 prosecution

Patna High Court CR. MISC. No.31600 of 2019(3) dt.08-07-2019 2/2 witnesses have been examined. The informant and the I.O. are to be examined. The trial is expected to be concluded with a period of four months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Bhawanipur P.S. Case No. 197 of 2015 corresponding to Sessions Trial No. 271 of 2016 is rejected. Learned trial court is directed to conclude the trial of the petitioner within a period of four months from the date of receipt/production of copy of the order.

The District Magistrate and the Superintendent of Police, Purnea are directed to take necessary steps to produce the remaining witnesses on the date fixed in the trial court case so that the trial of the case may be concluded within the stipulated time. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Purnea for needful. (Sudhir Singh, J) A.K.V.//- U T