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Patna High CourtCR. MISC./1451/2018disposed

Sanjira @ Sanjira Khatoon @ Noor Jahan v. The State Of Bihar

2018-01-12Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1451 of 2018 Arising Out of PS.Case No. -235 Year- 2015 Thana -BISFI (PATAUNA) District- MADHUBANI ======================================================

1. Sanjira @ Sanjira Khatoon @ Noor Jahan, wife of Md. Safi Ahamad, Daughter of Kashim, resident of Village- Ushra @ Asura, P.S. Bisfi, District Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner as well as learned APP.

During course of hearing of instant bail petition, petitioner has placed order dated 30.11.2017 passed in Cr.Misc. No. 36978/2017 relating to grant of bail to the husband of the deceased who was under custody since 28.09.2015. After going through the aforesaid order, it is evident that in spite of charges having been framed against the husband, no PW has been examined.

That being so, the learned lower court is directed to amalgamate both the trial and will frame the charge in accordance with law irrespective of submission of charge-sheet under particular Section. After framing of charge, the learned lower court will release the petitioner on bail to its own satisfaction.

Patna High Court Cr.Misc. No.1451 of 2018 (2) dt.12-01-2018 With the aforesaid direction, instant petition is disposed of.

(Aditya Kumar Trivedi, J) perwez U T