Patna High CourtCR. APP (SJ)/2561/2024dismissed

Ramesh Mandal v. The State Of Bihar

2024-10-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2561 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- KARJA District- Muzaffarpur ====================================================== Ramesh Mandal S/O Suresh Mandal R/O village Pokharaira P.S. Saraiya District Muzaffarpur ... ... Appellant/s

Versus

The State of Bihar 2.

Renu Devi W/O Shiv Mangal Paswan R/O village Mansoorpur PS Karja District Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bela Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-10-2024 Heard learned counsel for the appellant and learned Spl.P.P. for the State.

2. This is an appeal against the order dated 20.04.2024 passed by learned Special Judge, SC/ST Act (POA) Act, Muzaffarpur in Karja P.S. case no. 11/2024 dated 10.01.2024 and for grant of regular bail to the appellant above named who has been implicated in Karja P.S. Case No. 11/2024 dated 10.01.2024 under section 365, 302, 120B and 34 of the Indian Penal Code and Section 3 (2) (v), SC/ST (POA) Act, pending in the Court of learned Special Judge, SC/ST Act (POA) Act, Muzaffarpur.

3. As per the prosecution story, the informant alleged

Patna High Court CR. APP (SJ) No.2561 of 2024(5) dt.24-10-2024 2/3 that her husband got a call for purchase of the sand who discloses his name as Ramesh Mandal (the appellant herein). He went with the vehicle loaded with sand but failed to return whereafter the case.

4. Investigation took place in the matter and subsequently, the appellant came into custody and the police was able to connect the link after the dead body of the informant's husband was recovered. It went to the door step of the appellant.

5. The Co-ordinate Bench had called for the case diary which has been received and learned Spl.P.P. has taken this Court to paragraph-57 of the case diary according to which, the tower location of both the deceased, Shiv Mangal Paswan and the petitioner Ramesh Mandal was same between five to six PM at Majhauli Khetan Khagra. The deceased mobile gets switched of thereafter but the mobile of the appellant moves thereafter alongwith the other accused persons mobile to Dighra Maniaari up to Sakra Sujawalpur. The tower location of the appellant from Maniaari goes to Mahua which is the place from the dead body of Shiv Mangal Paswan was recovered. The appellant's tower location from Mahua moves to Sarai, Vaishali and then to Pokhraira.

Patna High Court CR. APP (SJ) No.2561 of 2024(5) dt.24-10-2024 3/3

6. From the aforesaid facts, learned Spl.P.P. submits that the chain relating to disappearance of the informant's husband (deceased), his presence with the appellant, subsequent recovery of the dead body where the tower location of the appellant is present completes the chain.

7. Learned counsel for the appellant submits that he is in custody since January 2024 and that aspect has to be taken note of.

8. An innocent life has been taken away and the allegation is on the appellant.

9. In view of the fact that he is in custody since 12.01.2024, it would be appropriate that the trial is taken to its logical conclusion.

10. The present application stands dismissed. (Rajiv Roy, J) Adnan/- U T