Nakul Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53550 of 2016 Arising Out of PS.Case No. -13 Year- 2015 Thana -EKCHARI District- BHAGALPUR ====================================================== Nakul Mandal son of Chhathu Mandal, resident of village- Ekchari Diyara, Police Station- Ekchari, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 304B/34 of the Indian Penal Code.

Allegation against petitioner is of killing daughter of informant due to non-fulfillment of demand of additional dowry. It has been submitted on behalf of petitioner that he is in custody since 4.9.2015. Chargesheet has been submitted against petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. Petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. The deceased is said to have committed suicide.

On behalf of the State, it is submitted that petitioner is named in the F.I.R. Chargesheet has been submitted for offence under Section 304B of the Indian Penal Code. Petitioner is husband of the deceased. Onus is upon him to explain the cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am

Patna High Court Cr.Misc. No.53550 of 2016 (2) dt.22-12-2016 2/2 not inclined to grant bail to the petitioner, same is rejected. Any how, the trial court, i.e., 3rd Additional District Judge, Bhagalpur, is directed to take necessary steps to expedite the trial in connection with S.T no. 218 of 2016 arising out of Ekchari P. S. Case no. 13 of 2015 and conclude the same preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) sudip/- U T