Prakash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26566 of 2016 Arising Out of PS.Case No. -244 Year- 2014 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Prakash Mandal Son of Ganga Mandal, resident of village - Maun, P.S. Triveniganj, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Triveniganj P.S. case No.244 of 2014 instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Supaul.

The prosecution case, in brief, is that the daughter of the informant was solemnized with petitioner and after marriage the accused persons including the petitioner started torturing and demanding one lac rupees and one motorcycle. When the same was not fulfilled, they killed his daughter and disguised the dead body upon the earth.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.2.2016 and the charge sheet has

Patna High Court Cr.Misc. No.26566 of 2016 (3) dt.29-08-2016 2/2 already 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. The petitioner has been made accused due to mistake of fact. There is no witness to the alleged occurrence.

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 the petitioner to explain the cause of death. 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