RAJEETA PATEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Bajarangi Lal, learned counsel representing the petitioner and Mr. Sheo Shankar Prasad, learned SC 8 on behalf of the respondents.

(2.) This writ application has been preferred for a direction to the State of Bihar and its authorities who are respondent nos. 1 to 9 to grant a leave of 90 days to the husband of the petitioner who is in jail after being convicted and sentenced for life by a judgment and order dated 21.06.2016 and 22.06.2016 respectively for the offence under Section 302 of the Indian Penal Code in Session Trial No. 307 of 2013 arising out of Bihar P.S Case No. 263 of 2012. Submissions of the Petitioner

(3.) It is the case of the petitioner that she is legally wedded wife of the convict Mr. Vicky Anand. Her marriage was solemnized on 25.04.2012, immediately after about 5 months of the marriage, the husband of the petitioner was made an accused in Bihar P.S. Case No. 263 of 2012 dated 27.09.2012 instituted for the offence under Section 341, 342, 307, 120B/34 of the Indian Penal Code. After 16 days of the hospitalization the victim of the crime died, therefore, Section 302/34 IPC was also added. A charge-sheet was filed against the husband of the petitioner and other accused, After trial, the husband of the petitioner has been convicted and sentenced to undergo rigorous imprisonment for life. It is further stated that a criminal appeal bearing No. 746 of 2016 has been filed against the said judgment of conviction and the appeal has been admitted by the Hon'ble Division Bench of this Court. The prayer for bail of the husband of the petitioner has, however, been rejected.