Patna High CourtCR. MISC./40681/2018disposal with observation

Kunti Devi v. The State Of Bihar

2018-09-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40681 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -BELA District- SITAMARHI ======================================================

1. Kunti Devi wife of Ramdeo Sah Resident of Village - Bishanpur, P.S. Bela, District - Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 The petitioner is in custody since 31.08.2017 in connection with Bela P.S. Case No. 198 of 2017, registered for offences punishable under Section 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of setting the deceased on fire, causing her death.. Submission of learned counsel for the petitioner is that there is general and omnibus allegation against the petitioner and in para nos. 99 and 100 of the case diary, the witnesses of this case have stated that the deceased has committed suicide after quarrel with her husband by setting herself on fire.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail of the petitioner

Patna High Court Cr.Misc. No.40681 of 2018 (3) dt.24-09-2018 2/2 stating that the petitioner along with other confined the deceased in a room and set the gas cylinder on fire, due to which she received burn injury and succumbed to her injuries. Having heard both sides and in view of the facts and circumstances as stated above, at this stage, I am not inclined to enlarge the petitioner on bail. However, the petitioner is in custody since 31.08.2017, the learned Trial Court is directed to expedite the trial and try to conclude the same within a period of 9 months and if there is no laches found on the part of the petitioner and also considering the fact that the petitioner is a lady, the learned Trial Court shall release the petitioner on bail to his own satisfaction. (Vinod Kumar Sinha, J) sunil/Amjad/- U T