Subhadra Devi @ Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8322 of 2016 Arising Out of PS.Case No. -16 Year- 2015 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. SUBHADRA DEVI @ SUMITRA DEVI wife of Sri Upendra Sah Resident of Village - Indira Nagar, Jaruadih, P.S. - Town, District - Dumka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abinash Kumar For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be mother-in-law of the deceased and there is accusation that she along with co-accused, Pankaj Sah sprinkled Kerosene oil and lit fire on the person of the deceased. The present case was initially, registered under Sections-326, 307, 120B/34 of the Indian Penal Code & and Section-3/4 of Dowry Prohibition Act on the statement of the deceased but after death of the deceased, Section-304B of the Indian Penal Code was also added.

Considering this aspect of the matter that the statement of deceased amounts to her dying declaration, I am not inclined to release the petitioner on bail and accordingly, her prayer for bail in

Patna High Court Cr.Misc. No.8322 of 2016 (2) dt.01-03-2016 2/2 connection with Industrial P.S. Case No. 16 of 2015 corresponding to Sessions Trial No. 449 of 2015 pending in the court of learned Additional District & Sessions Judge-VI, Bhagalpur stands rejected.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.

(Hemant Kumar Srivastava, J) A.K.V./- U T