Bachi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21414 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- EKMA District- Saran ====================================================== Bachi Devi, W/o Gautam Rai @ Gautam Yadav, Resident of Village- Mane, P.S. Ekma, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 This is an application for grant of anticipatory bail in connection with Ekma P.S Case No. 262 of 2018, disclosing offences under Sections 498A, 302, 34 of IPC. Petitioner happens to be the mother-in-law of the deceased and allegation against the petitioner and other accused persons is to kill her and fled away from the house. Submission of the learned counsel for the petitioner is that as a matter of fact, she met with an accident by the train which appears from the F.I.R. itself and they have falsely been implicated in this case.

On the other hand, learned APP has opposed the prayer for bail by stating that the witnesses have supported that she was subjected to torture also and apart from the postmortem report shows that five injuries on the person of the deceased. Having heard both sides, in view of the facts and

Patna High Court CR. MISC. No.21414 of 2019(3) dt.21-06-2019 2/2 circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned trial court on its own merit.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T