Dharmendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62821 of 2023 Arising Out of PS. Case No.-175 Year-2020 Thana- PRANPUR District- Katihar ====================================================== Dharmendra Mandal Son Of Shiv Narayan Mandal R/O Ramchandrapur PsPranpur Distt- Katihar, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Prabhakar, Advocate For the State :

Mr. Md. Fahimuddin, APP For the Informant : Mr. Indrajeet Kumar, Advocate Mr. Bhola Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, the informant and learned APP for the State.

2. This is the second attempt of the petitioner to obtain bail in connection with Pranpur P.S. Case No.175 of 2020 registered for the offences punishable under Sections 341, 326, 323, 307, 498A and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 13.04.2022 passed in Cr.Misc.No.44574 of 2021. This Court has recorded the reasons for rejection in the said order. One of the reasons was that at the relevant time half of the prosecution witnesses had already been examined and the trial was likely to come to an end very soon.

4. Today, learned counsel for the petitioner has

Patna High Court CR. MISC. No.62821 of 2023(3) dt.21-06-2024 2/2 informed that out of 11 prosecution witnesses, ten have already been examined and now the only one witness is to be examined on behalf of the prosecution. Learned counsel, however, submits that this Court while rejecting the prayer for bail of the petitioner had observed the learned trial court shall make all endeavours to conclude the trial as early as possible preferably within a period of six months and if the trial remains unconcluded for no reason attributable to the petitioner, he may renew his prayer for bail.

5. The application has been opposed by learned counsel for the informant and learned APP for the State.

6. Having regard to the materials on the records and the submissions showing that now the only one witness is to be examined in course of trial, this Court is not inclined to grant privilege of regular bail to the petitioner at this stage.

7. The learned trial court shall conclude the trial as early as possible by keeping the records on shorter dates.

8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U T