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Patna High CourtCR. MISC./69396/2021bail rejected

Raju Mandal v. The State Of Bihar

2022-09-27Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69396 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- BELA District- Sitamarhi ====================================================== Raju Mandal, S/o Late Shiv Sharan Mandal, R/o Village- Gorhari, P.S.- Bela, Dist. Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Bela P.S. Case No. 84 of 2021 registered for the alleged offences under Sections 304(B) and 201/34 of the Indian Penal Code.

As per prosecution case, the daughter of the informant was married to the petitioner and she died during seven years of her marriage. Allegedly, the petitioner killed the daughter of the informant and burnt her dead body and fled away from his house.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69396 of 2021(3) dt.27-09-2022 2/2 petitioner has been falsely implicated in this case merely on suspicion. There is no specific allegation against this petitioner. The daughter of the informant died due to illness and informant attaended the cremation but later on he lodged the instant case. The petitioner is in custody since 11.08.2021 and charge-sheet has been submitted.

Learned APP opposes the prayer for bail submitting that the death of the daughter of the informant occurred in the house of the petitioner and he is duty bound to explain her death.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the death of the daughter of the informant in her matrimonial home within seven years of marriage and considering the seriousness of the allegations against the petitioner, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is rejected.

However, the learned trial court is directed to expedite the trial and conclude the same at the earliest. (Arun Kumar Jha, J) Rajnish/- U T