Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21094 of 2020 Arising Out of PS. Case No.-349 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Rekha Devi W/o Sikindra Yadav, Resident of Village - Rahatpur, P.S.- Balia (Ballia), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2020 Heard Mr. S.K. Lal, learned counsel for the petitioner, Mr. Sandip Kumar Gautam, learned counsel for the informant and Ms. Sharda Kumari, learned APP through Video Conferencing.

Petitioner seeks bail in Balia (Ballia) P.S. Case No.349 of 2018 registered under Sections 302, 201 and 34 of the IPC.

Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 20.11.2019 passed in Cr.Misc.No.48848 of 2019 but since then even the case has not yet been committed to the court of Sessions. The petitioner being a lady is in jail for more than one year and eight months. The petitioner is mother-in-law of the deceased. There is no specific allegation against the

Patna High Court CR. MISC. No.21094 of 2020(4) dt.02-12-2020 2/3 petitioner but learned counsel for the informant and the learned APP vehemently opposed the prayer for bail and submit that the deceased went to his sasural and on account of this fact that the daughter of the petitioner was not having good relation with her husband on account of extramarital relation and, therefore, the petitioner along with her daughter and others assaulted and strangulated the deceased and they took the deceased to the hospital from where the dead body was recovered. Taking into consideration the facts and the nature of allegations and the fact that there is allegation against the petitioner that she killed her own son-in-law with the help of others only because the daughter of the petitioner was not having good relation with her husband on account of extramarital relation, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Learned court in seisin is directed to commit the case forthwith not later than two weeks and thereafter the learned Sessions Judge is directed to hold the trial of the case himself or transfer the record to another Additional Sessions Judge, who shall hold the trial on day to day basis and conclude the same within six months from the date of framing of charge. The S.P., Begusarai is directed to ensure the

Patna High Court CR. MISC. No.21094 of 2020(4) dt.02-12-2020 3/3 attendance of the witnesses during course of trial so that the trial must be concluded within six months.

Let a copy of this order be sent to the Court in seisin of the case as well as to the S.P., Begusarai for information and needful.

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