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2025 DAILYLAW 80809 (PAT)

Mitan Mandal v. The State of Bihar

CR. MISC./78180/2024 · 2025-04-03

Ashok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78180 of 2024 Arising Out of PS. Case No.-344 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Mitan Mandal, S/o Bhushan Mandal, R/o Vill - Parihari, Ward no. 7, P.S. - Raniganj, Distt.- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 03-04-2025 Heard learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 80 and 61(2) of the B.N.S. 3. The case of the prosecution is that the daughter of the informant was married to the petitioner one and a half years ago. She was subjected to cruelty on account of non- fulfillment of dowry demand. A bike was being demanded. It is alleged that she was killed by her in-laws. 4. Learned counsel for the petitioner has submitted that in this case there is delay of three days in filing of the FIR. The occurrence is of 26.07.2024 and the Fir was lodged on 29.07.2024. Learned counsel further submitted that the nature of allegation is general and omnibus. Admittedly the petitioner is Patna High Court CR. MISC. No.78180 of 2024(4) dt.03-04-2025 2/3 the husband; the marriage was solemnized one and a half years ago prior to the occurrence and from perusal of the post-mortem report it is clear that the following antemortem injuries were there on the person of the deceased:- I. Bleeding from nostrils. II. Abrasion approx 1x1 cm over eyelid. III. No any other external injury seen over any part of the body. The cause of death was not disclosed in the post- mortem report. Viscera was preserved. The FSL report regarding viscera if available. From perusal of the report it is clear that Zinc Phosphide was detected in the contents of plastic jars. Zinc Phosphide is severe gastro-intestinal irritant which is commonlyused as a rat killer and is poisonous. 5. Learned APP for the State has oppose the prayer for bail. 6. From perusal of the para-12 of the bail petitioner of the petitioner it transpires that it is case of the petitioner where the death was natural but from post-mortem and FSL report, it transpires that the death was not natural. The petitioner is the husband. The main thrust of allegation is againt him. 7. Considering the above facts and circumstances Patna High Court CR. MISC. No.78180 of 2024(4) dt.03-04-2025 3/3 of the case, I am not inclined to grant bail to the petitioner at this stage, however, he is at liberty to renew his prayer for bail after six months if the trial is not concluded. durgesh/- (Ashok Kumar Pandey, J) U T