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Patna High CourtCR. MISC./39464/2016rejected

Sushila Devi v. The State Of Bihar

2016-10-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39464 of 2016 Arising Out of PS.Case No. -330 Year- 2014 Thana -ALAMGANJ District- PATNA ======================================================

1. Sushila Devi Wife of Late Rm Balak Yadav Resident of Mohalla - Neem ki Bhatti, P. S. - Alamganj, Distt. - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Learned trial court has reported that co-accused Chanda Kumari and Gudiya Devi filed a petition u/S 227 of the Cr.P.C. which was disposed off on 22-09-2016 and after that, both the aforesaid co-accused filed petition before the trial court for grant of time to file Cr. Rev. against the order dated 22-09-2016 and that was the reason, the trial of the petitioner could not proceed. However, it is reported by the trial court that on 20-102016, the date was fixed for framing of charge and uptill now, charge could not be framed.

Considering the report of the trial court as well as the allegation, levelled against the petitioner, I am not inclined to

Patna High Court Cr.Misc. No.39464 of 2016 (3) dt.26-10-2016 2/2 release the petitioner on bail and accordingly, her prayer for bail in connection with Alamganj P.S. Case No. 330 of 2014 is, again rejected.

However, learned trial court must proceed with the trial of the petitioner, if the same is not stayed by any higher court and try to conclude the trial of the petitioner as early as possible. (Hemant Kumar Srivastava, J) A.K.V./- U T