← Library
Patna High CourtCR. MISC./55138/2023rejected

Sajda Khatoon v. The State Of Bihar

2024-01-22Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55138 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Sajda Khatoon Wife Of Late Irsaad Alam Resident Of Village- Sisawa Sow, Ps- Kalyanpur, Dist- East Champaran 2.

Khalikun Nesha Wife Of Shekh Salim Resident Of Village- Sisawa Sow, PsKalyanpur, Dist- East Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the IPC.

As per FIR, the informant alleged that the petitioners in connivance with others due to family dispute committed murder of her son.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The

Patna High Court CR. MISC. No.55138 of 2023(5) dt.22-01-2024 2/3 petitioner No-1 is wife of the deceased and the petitioner No2 is mother-in-law of the deceased and due to family dispute they have falsely been implicated in this case2. The informant is not an eye witness of the alleged occurrence. It is further submitted that the petitioners are languishing in judicial custody since 15.09.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that there is allegation against the petitioners of committing murder of the informant's son. The prosecution case and postmortem report also supported the prosecution version. It is further submitted that the charge sheet has already been submitted. In pursuance of order dt. 04.12.2023 a report with regard to present stage of trial has been received which has been kept at Flag 'D' from which, it appears that both parties cooperate the case and trial is likely to conclude within two months.

Having heard the learned counsel for the parties and considering the fact and gravity, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.55138 of 2023(5) dt.22-01-2024 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Manishkr/- U T