Anjum Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16177 of 2024 Arising Out of PS. Case No.-487 Year-2021 Thana- JOKIHAT District- Araria ====================================================== ANJUM KHATOON WIFE OF ASHAD @ ARSHAD RESIDENT OF VILLAGE - PADAMPUR, WARD NO.12, POLICE STATION - JOKIHAR (MAHALGAON), DISTRICT - ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Jokihat P.S. Case No. 487 of 2021, registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. The informant is grandmother of the deceased and the petitioner is stepmother of the deceased. The informant lodged the FIR stating therein that the petitioner used to assault the deceased. When the informant was taking tea in the house of Akhalakh who is neighbour, one Idris informed that the petitioner had killed the deceased. She went there and saw the dead-body of her grand daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He has also

Patna High Court CR. MISC. No.16177 of 2024(5) dt.10-07-2024 2/2 submitted that the petitioner is under custody since 17.10.2021.

5. On the other hand, the learned APP has opposed the prayer for bail.

6. A report was called for from the Court below about the stage of the trial which has been received.

7. It appears that the learned Trial Court is taking every endeavour to procure the attendance of the witnesses, but due to laches of prosecution, the witnesses are not being brought to the Court for their deposition.

8. The Superintendent of Police, Araria shall ensure the presence of remaining witnesses in the Court below for their examination. Learned Court below shall not give a date for more than 10 days in this case. No witness should return unexamined if he appears on the date fixed.

9. Let a copy of this order be sent to the Superintendent of Police, Araria immediately.

10. If the trial is not concluded within a period of one year, the petitioner may renew her prayer for bail.

11. With these observations, this bail petition is rejected.

(Nawneet Kumar Pandey, J) SONALI/- U T