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Patna High CourtCR. MISC./18883/2018rejected

Govind Mandal v. The State Of Bihar

2018-05-01Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.18883 of 2018 (3) dt.01-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18883 of 2018 Arising Out of PS.Case No. -654 Year- 2017 Thana -PURNEA SADAR District- PURNIA ====================================================== Govind Mandal S/o Sudhir Mandal, R/o Village- Kabaiya, P.S.- Sadar (Muffasil), District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, being the husband, is in custody since 10.12.2017 in connection with Sadar (Muffasil) P.S. Case No. 654 of 2017 for the offence registered under Sections 302/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that actually, the charge sheet has been submitted under Section 306 of the Indian Penal Code and there is no specific allegation against the petitioner to show that the petitioner had actually tortured the deceased or had taken any such step, which would have led to the commission of the offence, as alleged.

Learned counsel for the State, after perusal of the case

Patna High Court Cr.Misc. No.18883 of 2018 (3) dt.01-05-2018 diary, submits that though, the charge sheet has been submitted under Section 306 of the Indian Penal Code, it has come in the case diary that there is serious differences between the deceased and the petitioner just before the time of her death. It is, thus, submitted that there is sufficient material in the case diary to implicate the petitioner in connection with the present case. The post mortem also indicates that death is caused by hanging, which is strange in the facts and circumstances of the case. Having heard learned counsel for the petitioner and learned counsel for the State, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected. The trial of the case may be expedited so as to conclude within a period of one year.

(Anjana Mishra, J) Jagdish/- U T