Jitan Devi @ Jitani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9590 of 2019 Arising Out of PS. Case No.-422 Year-2017 Thana- MASAUDHI DistrictPatna ====================================================== Jitan Devi @ Jitani Devi, female, aged about 60 years, Wife of Late Bindeshwar Paswan Resident of Village-Chata, P.S.- Masaurhi, DistrictPatna ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Dr. Shraddhanand Paswan For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 304(B)/34 of the Indian Penal Code registered in connection with Masaurhi P.S. Case No. 422 of 2017.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be the mother-in-law of the deceased. The petitioner is an old widow suffering from various ailments. The deceased was alive for nine days prior to her death but her statement was not recorded during that period. The F.I.R. has been instituted on 03.10.2017 for the alleged occurrence of 09.09.2017. The husband of the deceased has

Patna High Court Cr.Misc. No.9590 of 2019(2) dt.19-02-2019 2/2 already in custody. As a matter of fact, the deceased died of burn during cooking which is supported by the statement of the informant himself who has filed Informatory Petition No. 463 of 2018 before the Sub-Divisional Judicial Magistrate, Masaurhi (Annexure-3). The petitioner claims clean antecedents.

4. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. It is made clear that if the petitioner surrenders and seeks for regular bail before the Court below, the same shall be considered and disposed of on the same day on its own merits.

(Vikash Jain, J) Ibrar//- U T