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Patna High CourtCR. MISC./15620/2017dismissed

Krishna Devi v. The State Of Bihar

2017-05-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15620 of 2017 Arising Out of PS.Case No. -230 Year- 2014 Thana -GARDANIBAGH District- PATNA ======================================================

1. Krishna Devi, wife of Ram Dayal Rai @ Ramdas Rai, resident of New Alkapuri, P.S.- Gardanibagh, District- Patna, State- Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar Singh For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-05-2017 The petitioner seeks regular bail in connection with Session Trial No. 838 of 2015, arising out of Gardanibagh P.S. Case No. 230 of 2014, registered for offences punishable under Section 304(B) and 34 of Indian Penal Code.

Allegation against the petitioner that she along with other co-accused of this case sprinkled Kerosene oil on the deceased and set her on fire and due to which she sustained burn injuries and later on succumbed to her injuries.

It has been submitted on behalf of the petitioner that petitioner being mother-in-law of the deceased and an old lady and has no specific role to play in the said occurrence. It is the petitioner, who had informed the family members of the deceased about the occurrence and had also taken the deceased to hospital

Patna High Court Cr.Misc. No.15620 of 2017 (3) dt.12-05-2017 2/2 for her treatment. Further petitioner has been in custody since 17.09.2015 and uptil now only charge has been framed. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is direct allegation against the petitioner that she and other coaccused set the deceased on fire and killed her and further the case has been lodged on the basis of the statement of the deceased, as such, I am not inclined to release the petitioner on bail, her prayer for regular bail is, accordingly, rejected.

However, since the petitioner has been in judicial custody for more than one and half years, trial court is directed to expedite the trial and try to conclude it as early as possible even by conducting the trial on day to day basis.

Senior Superintendent of Police, Patna is directed to ensure the attendance of the witnesses in the trial court on the day fixed, so that the trial can be concluded expeditiously. (Vinod Kumar Sinha, J) sunil/- U T