Bibi Sahida @ Bibi Rahida @ Bibi Rashida v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32055 of 2019 Arising Out of PS. Case No.-17 Year-2017 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Bibi Sahida @ Bibi Rahida @ Bibi Rashida W/o Md. Afroj R/o villageFatepur, P.S.- Industrial Area (Zero Mile), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No.931 of 2018 arising out of Industrial Area P.S. case No.17 of 2017 registered under Sections 498A, 307, 120B/34 of I.P.C., pending in the court of Additional Sessions Judge VII, Bhagalpur. Later on Section 304B of I.P.C. has been added.

Allegation is that the accused persons including the petitioner poured kerosene oil on the informant and set her ablaze. She was admitted to the Hospital for treatment. Later on she died in course of treatment.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.04.2018. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.32055 of 2019(4) dt.01-07-2019 2/2 petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. F.I.R. is dying declaration of the deceased. Specific allegation has been made against the petitioner and her husband for putting fire upon the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T