Mangal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39440 of 2017 Arising Out of PS.Case No. -651 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Mangal Mahto Son of Ramashish Mahto Resident of Village- Rampur Parari, Ward No. 14, P.O. and District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2017 Heard the parties.

The petitioner seeks regular bail in Sitamarhi P.S. Case No.651 of 2015 registered for the offence under Section 302/201/34 of the I.P.C.

Petitioner is not named in the F.I.R. and as per prosecution story the daughter of the informant received a telephonic call in the night and thereafter she became traceless.After two days in the morning her dead body was recovered from the river by the police and acid injury was found on her face.

Submission of the learned counsel for the

Patna High Court Cr.Misc. No.39440 of 2017 (3) dt.13-09-2017 2/3 petitioner is that he has been falsely implicated in this case only on the basis of confessional statement of coaccused Nitish Kumar who had love affairs with the deceased and he is in custody since 15.05.2017 and there is no eye witness to the occurrence.

Heard learned A.P.P. also who opposed the prayer on the ground that it has come in the confessional statement of co- accused that this petitioner along with him called the deceased on mobile phone and he fled away taking girl with him and thereafter her dead body was found. It has also come in the case diary that the petitioner used to tease and harass the daughter of the informant prior to the occurrence.

Having heard both sides and in view of the facts and circumstances as well as allegation, as stated above, at this stage I am not inclined to grant bail to the petitioner, However, trial court is directed to expedite the trial and conclude within a period of seven months and, if not concluded within the aforesaid period, he may renew

Patna High Court Cr.Misc. No.39440 of 2017 (3) dt.13-09-2017 3/3 his prayer for bail.

With the aforesaid observation this application is dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U