Patna High CourtCR. MISC./59112/2023bail rejected

Subodh Mandal @ Subodh Kumar v. The State Of Bihar

2023-11-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59112 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Subodh Mandal @ Subodh Kumar, S/O Sitaram Mandal @ Satan Mandal R/O Village- Kamalpura, Ps. Sitamarhi, Dist. Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 84 of 2023, lodged on 06.02.2023 under Sections 304(B), 201 & 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 8 named accused persons including the present petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He also submits that at the instance of petitioners mother in law, the case has been filed against the entire family members of the petitioner. Counsel also submits that it is not a case of section 304(B) rather it is a case of suicide.

Patna High Court CR. MISC. No.59112 of 2023(3) dt.08-11-2023 2/2

5. Learned counsel for the petitioner further submits that the antecedent of the petitioner is clean and he is in custody since 07.02.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is an offence under section 304(B) and the marriage is solemnized within 7 years.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Sitamarhi P.S. Case No. 84 of 2023, pending before the learned Chief Judicial Magistrate, Sitamarhi is hereby rejected.

9. However, the trial court is directed to conclude the trial within 9 months. If the trial is not conclude within 9 months, the petitioner would be at liberty to renew his prayer for bail.

(Dr. Anshuman, J.) Divyansh/- U T