Patna High CourtCR. MISC./2053/2016rejected

Seema Devi v. The State Of Bihar

2016-06-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2053 of 2016 Arising Out of PS.Case No. -91 Year- 2014 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Seema Devi Wife of Late Lalan Das resident of village - Padham, P.S. Naya Ram Nagar, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2016 Heard both sides.

The petitioner seeks bail in a case under Section 328, 302/34 of the Indian Penal Code.

The prayer of petitioner for bail was earlier rejected by this court vided order dated 12.08.2015 passed in Cr. Misc. No. 24651 of 2015.

The learned counsel for the petitioner submits that, of course, there is allegation that it was the petitioner who gave Faki (medicine) to her husband and her husband consequently died but the witnesses during the course of trial stated that deceased himself took poison.

It appears that the informant and other witnesses have very categorically stated that it was the petitioner who gave

Patna High Court Cr.Misc. No.2053 of 2016 (2) dt.29-06-2016 2/2 Faki (medicine) to her husband when her husband was feeling pain in his abdomen and consequently her husband died and thymate was found in his abdomen in Forensic Séance Laboratory's report.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The learned trial court is directed to expedite the trial and hold the trial on day to day basis and conclude the same within nine months from the date of receipt/ production of a copy of this order.

If the trial is not concluded within nine months, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) BKS/- U T