Bibiya Devi @ Babiya Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.31258 of 2017 (3) dt.21-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31258 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -KANKARBAGH District- PATNA ======================================================

1. Bibiya Devi @ Babiya Devi, wife of Kallu Chauhan, Resident of Lohiya Nagar Near Gayatri Mandir Jhoparpatti, P.S.- Kankarbagh, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satish Chandra Jha-3 For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kankarbagh P.S. Case No. 62 of 2017 instituted for the offence under Sections-307, 379 & other minor sections of the Indian Penal Code. As per written report, this petitioner with other accused called the son of the informant Tipun Sao by telephone and set him on fire by sprinkling petrol. The son of the informant died during course of treatment.

The case diary has been received wherein postmortem report is available. The doctor in postmortem examination has found extensive burn injury over the body, face, chest, abdomen, both hands etc. In the opinion of the

Patna High Court Cr.Misc. No.31258 of 2017 (3) dt.21-07-2017 doctor, the cause of death was burn injury and its complication. Keeping in view the specific allegation against this petitioner, this court is not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected at this stage.

The learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of this order.

The petitioner is at liberty to renew his prayer for bail in the court below itself, if trial is not concluded within aforesaid nine months. In that event, the court below will give reasons in the bail order for not concluding the trial within the above said period of nine months.

(Sanjay Priya, J) A.K.V./- U T