Santosh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6077 of 2017 Arising Out of PS.Case No. -134 Year- 2013 Thana -SABAUR District- BHAGALPUR ======================================================
1. Santosh Mandal Son of Rambilash Mandal Resident of VillageFakirachand, P.S.- Sabour (Goradih), District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-03-2017 Heard both sides.
The petitioner seeks bail in Sabour (Goradih) P.S. case No. 134 of 2013 under Section 328, 302, 12B of the Indian Penal Code.
The petitioner is the husband of the deceased. Sadanand Mandal, the informant, alleged that his sister was married to petitioner about a year ago from the date of her death but her husband, father-in-law, and mother-in-law poisoned her sister to death.
The learned counsel for the petitioner submits that prayer of petitioner for bail was earlier rejected by this court vide order dated 01.09.2015 passed in Cr. Misc. No. 40263 of 2015 and the trial court was directed to expedite the trial and conclude the
Patna High Court Cr.Misc. No.6077 of 2017 (3) dt.22-03-2017 2/2 same within six months. More than one and half years have elapsed but the trial has not yet been concluded. The learned 3rd Additional Sessions Judge, Bhagalpur has reported that after examination of all the witnesses charge under section 304(B) was amended and after amendment of charge not a single witness has yet been examined.
Considering the fact that trial has not yet been concluded, the petitioner is in jail since 03.06.2013 and the petitioner has already remained in jail for three years and nine months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Bhagalpur in Sabour (Goradih) P.S. Case No. 134 of 2013, S. T. No. 105 of 2014. (Prabhat Kumar Jha, J) BKS/- U T