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Patna High CourtCR. MISC./58559/2022rejected

Sikandar Mandal @Sikendra Mandal v. The State Of Bihar

2023-02-10Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58559 of 2022 Arising Out of PS. Case No.-75 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== SIKANDAR MANDAL @SIKENDRA MANDAL Son of Sri Shatrughn Mandal Resident of Village- Panchavtra Basa, P.S.- Ratawara O.P. (Alamnagar), District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar 1, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 302/34 of the Indian Penal Code. The daughter of the informant is said to have been killed on account of non-fulfillment of demand of dowry. It appears from the record that vide order dated 30.11.2022, the Court while considering the prayer for bail of this petitioner, has been pleased to call for a report regarding the stage of the trial and in compliance of the aforesaid order, a report from I/c Additional Session JudgeIII, Madhepura has been received which reveals that the trial is pending for prosecution evidence and altogether three

Patna High Court CR. MISC. No.58559 of 2022(4) dt.10-02-2023 2/2 witnesses have been examined and only the Doctor and the I.O. are to be examined for which summons have already been issued to them for their examination.

However, learned counsel appearing for the petitioner submits the petitioner is rotting in judicial custody since 22.04.2022 and there is least chance of conclusion of trial in near future.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as the stage of the trial, this Court is not inclined to enlarge the petitioner on bail.

However, learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) brajesh/- U T