Sanjay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1407 of 2023 Arising Out of PS. Case No.-103 Year-2020 Thana- BHAWANIPUR District- Purnia ====================================================== Sanjay Mandal S/O Chandradev Mandal Resident of village- Biri Ward No- 3, P.S.- Udakishanganj District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in Bhawanipur (Balia) P. S. Case No. 103 of 2020 registered under Sections 302 and 201/34 of the Indian Penal Code.

Brother-in-law of the informant has intimated about fleeing away of his wife from the house. On arriving at his sister's matrimonial home, informant has learnt that she has been murdered. The dead body was lying in the maize field and the cause of death has been found to be electrocution. The petitioner's prayer for bail was earlier rejected on merit after due considerations on 25-02-2021 in Cr. Misc. No. 37873 of 2020 (Annexure-1).

On the prayer being renewed, the Court called for an

Patna High Court CR. MISC. No.1407 of 2023(6) dt.12-07-2023 2/2 affidavit from the Superintendent of Police, Purnia as regards the status of the trial.

Affidavit on behalf of the Superintendent of Police, Purnia was filed, wherein, it is stated that six witnesses have already been examined on the date of filing of the affidavit. The son of the petitioner was to be examined on 04.07.2023. When the matter is taken up today, the parties are unanimous in submitting that even the son has been examined leaving no prosecution witnesses to be examined at the trial. In view of the advanced stage of trial, this Court is not inclined to take a different view then what has been taken by this Court while rejecting the prayer for bail on 25-02-2021 and 30-03-2022 in Cr. Misc. Nos. 37873 of 2020 and 564 of 2022 respectively.

The application is dismissed.

It is expected that the trial court will proceed in the matter expeditiously without any undue delay or unnecessary adjournments.

(Madhuresh Prasad, J) shyambihari/- U T