Marachhiya Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.60955 of 2017 (3) dt.11-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60955 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -ASAWAN District- SIWAN ======================================================

1. Marachhiya Devi Wife of Kanhaiya Chauhan Resident of Village - Kharadra, Noniya Tola, Police Station - Aasoan, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-04-2018 Heard Mr. Yogesh Chandra Verma, ld. senior counsel appearing on behalf of the petitioner and learned A.P.P. The petitioner seeks bail in Sessions Trial No.254 of 2017 arising out of Assaon P.S. Case No.74 of 2016 for the offences committed by the petitioner under Sections 304(B) and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected vide order dated 08.04.2017 passed in Cr. Misc. No.11609 of 2017. The petitioner is mother-in-law of the deceased and she is in custody since 09.12.2016. The petitioner has already remained in jail for about one year and four months but trial has not yet been concluded.

Patna High Court Cr.Misc. No.60955 of 2017 (3) dt.11-04-2018 It appears from perusal of the record that deceased was married to the son of the petitioner on 26.04.2016 and within three months i.e. on 22.07.2016, she was strangulated to death in the house of her in-laws.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of this order. S.P., Siwan is directed to ensure the attendance of the prosecution witnesses of Sessions Trial No.254 of 2017 arising out of Assaon P.S. Case No.74 of 2016 in the court of 3rd Additional Sessions Judge, Siwan so that the trial must be concluded within six months.

Let a copy of this order be sent to the trial court and S.P., Siwan for information and needful.

If the trial is not concluded within six months, the petitioner may renew her prayer for bail.

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