Tetari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5610 of 2017 Arising Out of PS.Case No. -377 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Tetari Devi Wife of Late Mohan Bhagat, Resident of Village- Bishanpur Sukan Tola, P.S.- Nagar, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Singh For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-04-2017 Heard both sides.

The petitioner seeks bail in Begusarai Town P.S. case No. 377 of 2016 under Section 302, 498A of the Indian Penal Code.

The informant, father of the deceased, alleged that his daughter was married to Ramashish Kumar Bhagat in the year 2012 but after marriage Ramashish Kumar Bhagat and his mother, the petitioner, started torturing his daughter. His daughter gave birth to a female child but the husband and mother-in-law continued to torture her. The informant brought his daughter to his house but the petitioner took her and subjected her to all sorts of torture. Thereafter, the informant again brought his daughter to his house and she gave birth to a male child. The informant further disclosed that even thereafter the petitioner and her son continued to torture his daughter and they killed her.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.5610 of 2017 (6) dt.25-04-2017 2/2 petitioner is mother-in-law of the deceased. The petitioner is languishing in jail along with her grand son. The husband of deceased is in jail. The petitioner is in jail for last six months but it appears from perusal of the FIR as well as the case diary that informant made specific allegation against the husband and mother-in-law, the petitioner, that they always subjected the deceased to different sorts of torture. The deceased was strangulated to death.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial, hold the trial on day to day basis and conclude the same within nine months from the date of receipt of this order. The Superintendent of Police, Begusarai is directed to ensure the attendance of prosecution witnesses of Begusarai Town P.S. case No. 377 of 2016 in the trial court so that the trial must be concluded within nine months.

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

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