Patna High CourtCR. MISC./41348/2018dismissed

Nesha Khatoon And ANR v. The State Of Bihar

2018-09-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41348 of 2018 Arising Out of PS.Case No. -450 Year- 2017 Thana -HARSIDHI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Nesha Khatoon, W/o Amin Mian,

2. Chutun Miyan @ Chutun Alam S/o Amin Mian, Both Residents of Vill.- Dudahi Tal, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 Heard the parties.

The petitioners seek regular bail in connection with Harsidhhi P.S.Case No. 450 of 2017 registered for the office under Sections 304B/34 of the Indian Penal Code. As per FIR, allegation against the Petitioners, who happens to be mother-in-law and brother-in-law of deceased, is that they setting the informant (deceased) on fire, causing death and FIR has been lodged on the basis of statement of the deceased.

Submission of the learned counsel for the petitioners is that they have committed no offence and the petitioners have been unnecessarily roped in the present case and the deceased was burnt 99% and she was not in a position to disclose such facts and the petitioners have been in custody since 16.05.2018, it is further

Patna High Court Cr.Misc. No.41348 of 2018 (3) dt.25-09-2018 2/2 submitted that the similarly situated co-accused persons have been granted bail by a Co-ordinate Bench of this Court vide order dated 23.03.2018, passed in Cr. Misc. No. 16274 of 2018. Heard learned A.P.P. also who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as stated above, I am not inclined to grant bail to the petitioner and the trial Court is directed to expedite the trial. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T