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Patna High CourtCR. MISC./48889/2017disposed

Phulo Mandal @ Fuleshwar Mandal v. The State Of Bihar

2018-01-172 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48889 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Phulo Mandal @ Fuleshwar Mandal, Son of Late Shankar Mandal, Resident of Village- Auradih, Police Station- Alamnagar, DistrictMadhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad, Adv For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner as well as learned APP.

Petitioner is the husband. As per para-30 of the case diary, there happens to be finding of the doctor with regard to death of the deceased by means of strangulation. Witnesses are consistent over demand of dowry and torture having been meted therefor.

From the report submitted by the learned lower court, it appears that the case has already been committed. That being so, the learned lower court is directed to proceed with the trial and will endeavour to conclude the same within one year. Side by side, Superintendent of Police, Madhepura to procure attendance of the witnesses before the learned lower court so that trial be concluded within the aforesaid stipulated period.

Patna High Court Cr.Misc. No.48889 of 2017 (5) dt.17-01-2018 Prayer for bail is rejected.

If the trial is not concluded within one year, then in that event, the learned lower court as well as Superintendent of Police, Madhepura will have an explanation, simultaneously, petitioner will have a liberty to renew his prayer for bail. (Aditya Kumar Trivedi, J) perwez U T