Asleema Khatoon @ Aslima Khatoon v. The State Of Bihar

Patna High Court Cr.Misc. No.24566 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24566 of 2015 Arising Out of PS.Case No. -263 Year- 2014 Thana -THAKURGANJ District- KISANGANJ ======================================================

1. Asleema Khatoon @ Aslima Khatoon W/o Hakmuddin resident of Village - Ghegatoli, P.S. - Powakhali, District - Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Lallan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Thakurganj Powakhali P.S. Case No. 263 of 2014 registered for the offence punishable under Section 302 of the Indian Penal Code. Allegedly, the petitioner entered into the house of the informant and started brick batting which hit 9 months old child Nasiya and thereafter, the petitioner snatched the girl from the lap of the informant and threw her down causing her death. Submission is of false implication and that there is case and counter case and to save the skin from Thakurganj P.S. Case No. 164 of 2014 the informant has implicated the petitioner. Further the petitioner has purchased land from father-in-law of the

Patna High Court Cr.Misc. No.24566 of 2015 (3) dt.08-10-2015 informant and informant had erected a house on that land and when the husband of the petitioner asked him to vacate the said land, then to put pressure the petitioner has been implicated. The child died due to accidental death and in post mortem only one injury has been found.

Learned APP opposes the prayer of bail by submitting that against the petitioner there is direct allegation for killing the deceased and trial is in progress.

In the facts and circumstances stated above, this Court is not inclined to release the petitioner on bail, accordingly, her such prayer stands rejected.

However, the trial court is directed to expedite the trial and conclude the same as early as possible, preferably, within six months.

(Jitendra Mohan Sharma, J) avin/- U T