Patna High CourtCR. MISC./27852/2016dismissed

Arbind Mandal v. The State Of Bihar

2016-09-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27852 of 2016 Arising Out of PS.Case No. -173 Year- 2014 Thana -KURSELA District- KATIHAR ====================================================== Arbind Mandal, son of Dashrath Mandal, resident of village- Kursela Basti, Police Station- Kursela, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Kursela P.S. case No.173 of 2014 instituted for the offence under Sections 368, 406, 440, 304B, 201 and 120B of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Katihar. Allegation against the accused persons including the petitioner is of demanding dowry and ultimately committing the murder of the sister of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.2.2015 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is no eye witness to

Patna High Court Cr.Misc. No.27852 of 2016 (3) dt.02-09-2016 2/2 the alleged occurrence. The petitioner has falsely been implicated in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to prove the cause of death of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T