Birju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49397 of 2016 Arising Out of PS.Case No. -102 Year- 2013 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Birju Devi, wife of Late Umesh Giri, resident of village- Mojahidpur, Police Station - Ekangarsarai, District - Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 11-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.748 of 2013, arising out of Ekangarsarai P.S. Case No.102 of 2013 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of the 3rd Additional Sessions Judge, Hilsa, Nalanda.

Learned counsel appearing on behalf of the petitioner submits that the prayer of the petitioner for grant of bail has already been rejected twice on merit and the petitioner, who is mother-in-law of the deceased, is in jail custody since 03.07.2013. The report, as called for vide order 07.12.2016 regarding

Patna High Court Cr.Misc. No.49397 of 2016 (3) dt.11-01-2017 2/2 the stage of the trial of the case, has been received vide letter no.321 dated 17.12.2016 from the court of the 3rd Additional Sessions Judge, Hilsa, Nalanda, from which it appears that four witnesses have already been examined after framing of the charge on 14.07.2014 and three witnesses including the I.O. are yet to be examined.

Having regard to the facts and the circumstances of the case, I am not inclined to reconsider the prayer of the petitioner for grant of bail. Accordingly, the prayer of the petitioner for grant of bail is again rejected. However, the trial court is directed to conclude the trial of the petitioner within six months by taking all effective steps for examining the remaining witnesses. If the trial of the petitioner is not concluded within six months, the petitioner would be at liberty to renew her prayer for bail after the aforesaid period of six months.

(Rajendra Kumar Mishra, J) P.S./- U T