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Patna High CourtCR. MISC./44331/2014rejected

Smt. Chanda Devi v. The State Of Bihar

2015-03-17Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44331 of 2014 Arising Out of PS.Case No. -81 Year- 2014 Thana -SIKTI District- ARRARIA ====================================================== Smt. Chanda Devi Wife of Janardhan Mandal, resident of Village - Baka - Majrak, P.S. - Sikti, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar, Adv. For the Opposite Party/s : Mr. Ram Shankar Das, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 17-03-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 IPC and Section 3(i)(x)3(II)(V) of the SC/ST Act.

Allegation against the petitioner is that she along with her husband poured kerosene oil on the deceased and set fire when the deceased had made protest against her and her husband. Learned counsel for the petitioner submits that due to land dispute the petitioner has been falsely implicated in this case. The petitioner is a lady having small children and there is no eye witness to the occurrence.

Learned counsel for other side submits that there are

Patna High Court Cr.Misc. No.44331 of 2014 (4) dt.17-03-2015 2/2 eye witnesses to the occurrence and the informant is also and an eye witness. Moreover, the petitioner has been apprehended by S.S.B. Jawan near the spot while she was escaping with her husband. After investigation charge-sheet has already been submitted.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. Her prayer for bail is rejected.

Let the trial be expedited.

(Amaresh Kumar Lal, J) Kanchan/- U T