Patna High CourtCR. MISC./52789/2017dismissed

Anil Mandal v. The State Of Bihar

2017-11-23Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.52789 of 2017 (3) dt.23-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52789 of 2017 Arising Out of PS.Case No. -75 Year- 2013 Thana -BARIYARPUR District- MUNGER ====================================================== Anil Mandal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 The petitioner seeks regular bail in connection with Bariarpur P.S. Case No. 75 of 2013, registered for offences punishable under Sections 323, 341, 302/34 of Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and others is of causing death of the deceased and further it appears from perusal of the record that the case is of the year 2013 and he has been remanded in this case in the year 2016 and due to that trial of this petitioner has been separated from the trial of others and in the original trial seven witnesses have already been examined.

It has been submitted on behalf of the petitioner that he had no role to play in the murder of the deceased, he was only a member of the mob and other accused persons have already been enlarged on bail and he has been arrested in the year 2015 and

Patna High Court Cr.Misc. No.52789 of 2017 (3) dt.23-11-2017 remanded in this case in the year 2016 and in his trial uptil now no witness has been examined.

Learned counsel for the State opposed the prayer for bail and submitted that the deceased died only after 46 days of her marriage and, therefore, petitioner does not deserve the privilege of bail.

Having heard both sides, considering the fact and circumstances of the case and also the fact that due to non appearance of the petitioner, the trial has to be separated, which caused delay in conclusion of trial, as such, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, dismissed.

However, the trial court is directed to expedite the trial even by conducting it on day to day basis and try to conclude it within a period of seven months.

(Vinod Kumar Sinha, J) sunil/- U T