Patna High CourtCR. MISC./39183/2017dismissed

Prakash Mandal v. The State Of Bihar

2017-11-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39183 of 2017 Arising Out of PS.Case No. -244 Year- 2014 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Prakash Mandal Son of Ganga Mandal, Resident of Village- Maun, Police Station- Triveniganj, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 304B/201/34 of the Indian Penal Code. It is alleged that the petitioner along with other coaccused have committed murder of the deceased due to nonfulfillment of the demand of dowry. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application, taking into account that the petitioner is husband of the deceased. The onus is on him to explain the cause of the death of the deceased. A report was called for from the trial Court regarding the stage of the case. It has been reported that other co-accused

Patna High Court Cr.Misc. No.39183 of 2017 (3) dt.22-11-2017 2/2 have avoiding their appearance in the case and process has also been issued against them.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Triveniganj P.S. Case No. 244/2014, pending in the court of learned A.C.J.M.-1st, Supaul.

The Trial Court is directed to take all necessary steps, if required separate the trial of the petitioner and conclude the same preferably within a period of one year from the date of receipt of production of copy of this order.

The District Magistrate, Supaul and the Superintendent of Police, Supaul are directed to ensure that the prosecution witnesses are produced in the court on the date fixed by the court below, so that the trial could be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate, Supaul and the Superintendent of Police, Supaul. (Sudhir Singh, J) Amit/- U T