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Patna High CourtCR. MISC./58310/2015rejected

Amrita Devi v. The State Of Bihar

2016-07-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58310 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Amrita Devi Wife of Santosh Das R/o Village-Sakarpura, P.S.-Hasanpur, District-Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sita Ram Yadav For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-07-2016 Heard both sides.

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

The prayer of petitioner for bail was earlier rejected by this court vide order dated 16.04.2015 passed in Cr. Misc. No. 45449 of 2014 with a direction to the trial court to conclude the trial within six months from the date of receipt of the order. It appears that there is allegation against the petitioner that she assaulted the deceased, Gango Das, with bricks on his head on account of which the deceased died. The trial court has reported that the trial may be concluded within three months.

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.58310 of 2015 (4) dt.27-07-2016 2/2 enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and hold the trial on day to day basis and conclude the same within three months from the date of receipt of this order. The Superintendent of Police, Samastipur is directed to ensure the attendance of prosecution witnesses of Hasanpur P.S. case No. 66 of 2014 corresponding to Sessions Trial No. 309 of 2015 in the court of learned Additional Sessions Judge, Rosera, Samastipur so that the trial must be concluded within three months.

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