Tunni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30533 of 2015 Arising Out of PS.Case No. -317 Year- 2009 Thana -DANAPUR District- PATNA ====================================================== Tunni Devi Wife of Harinandan Chaudhary R/o Village Amhara, P.S. Bihta District Patna at present resident of Nayatola Saguna, P.S. Danapur, District Patna .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mrs. Usha Kumari Singh, Advocate.
For the Opposite Party : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-08-2015 Heard both sides.
The petitioner seeks bail in a case registered for the offences punishable under Sections 307, 498A and 34 of the Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. Later on Section 304(B) of the IPC is added. The prayer for bail of the petitioner was twice rejected earlier by this Court. The petitioner is alleged to have sprinkled kerosene oil and on such the husband ignited fire causing death of daughter-in-law of the petitioner.
It is submitted that the husband has already been enlarged on bail as his case is separated and the husband was convicted. The husband preferred an appeal in Criminal Appeal (SJ) No. 353 of 2014. The husband was granted bail on
Patna High Court Cr.Misc. No.30533 of 2015 (2) dt.14-08-2015 2/2 06.05.2015 vide he was in jail since 11.10.2009. Since the petitioner was not appearing, therefore, her trial was separated. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
However, the trial court is directed to expedite the trial and conclude the same holding the trial on day-to-day basis within six months. The Dy. S.P., Patna is directed to ensure the attendance of all the witnesses in the trial on the date fixed for hearing so that the trial must conclude within six months. (Prabhat Kumar Jha, J.) KKSINHA/- U T