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Patna High CourtCR. MISC./39332/2017dismissed

Kuraisha Khatoon v. The State Of Bihar

2017-10-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39332 of 2017 Arising Out of PS.Case No. -348 Year- 2016 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Kuraisha Khatoon, wife of Md. Sabul, resident of village - Paur Dakotola, P.S. Dalsinghsarai, District Samastipur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Dalsinghsarai P.S. Case No. 348 of 2016 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Allegation against the petitioner and other co-accused persons is of killing second wife of husband of the petitioner by administering poison to her and FSL report shows that poison was found in the viscera.

Submission of learned counsel for the petitioner is that there is no eye-witness to the occurrence and petitioner has falsely been implicated in this case on the basis of suspicion. Further submission is that petitioner is in custody since 5.10.2016.

Patna High Court Cr.Misc. No.39332 of 2017 (4) dt.16-10-2017 2/2 Heard learned APP also, who has opposed the prayer for bail stating son of the petitioner has stated in his confessional statement that petitioner has hand in committing murder. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months and once substantive progress is made in the trial, petitioner may renew her prayer for bail before the court below itself, which will be considered on the basis of materials available on record. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U