Pratap Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72525 of 2022 Arising Out of PS. Case No.-791 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== PRATAP KUMAR MANDAL S/o Ramakant Mandal @ Ramakant Azad R/vShahpur, P.S.- Ghogha, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar.

.. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 08.08.2022 in connection with Kahalgaon (Ghogha) P.S. Case No. 791 of 2022, F.I.R. dated 07.08.2022 for the offences punishable under Sections 376, 504, 34 of the Indian Penal Code.

3. According to prosecution case, in brief is that the petitioner used to establish physical relation with informant on pretext of marriage. When in the year 2020 the informant pressurized petitioner to get marriage then petitioner got marriage with her in a temple. After that they started to living together as husband and wife in a tenant house in Kahalgaon. It is further alleged that now she is four months pregnant. Informant tried to go at in her in-laws house but the petitioner

Patna High Court CR. MISC. No.72525 of 2022(4) dt.13-07-2023 2/2 and his mother abused her and drove her away.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and petitioner has not committed any offence as alleged in the F.I.R.

5. Vide order dated 04.05.2023 a report was called for with regard to the present stage of trial. Report dated 08.05.2023 reveal that out of six (06) charge sheet witnesses, three (03) witnesses have been examined by the learned Trial Court and the case is pending for examination of rest prosecution witnesses.

6. Considering the aforesaid facts and the trial is in advance stage, I am not inclined to enlarge the petitioner on bail in connection with Kahalgaon (Ghogha) P.S. Case No. 791 of 2022 pending in the court of learned Additional Sessions JudgeI, Bhagalpur.

7. Prayer is refused.

8. However, the learned Trial Court is directed to expedite the trial.

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