Gango Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23340 of 2019 Arising Out of P.S. Case No.-101 Year-2018 Thana- SIKRAHATA District- Bhojpur ====================================================== 1.

Gango Devi, aged about 70 years, (Female) Wife of Vishwanath Giri Resident of Village - Panwari Mathiwa, P.S.- Sikrahata, District- Bhojpur, Ara.

2.

Kabita Devi, aged about 35 years, (Female) Wife of Gopal Giri Resident of Village - Panwari Mathiwa, P.S.- Sikrahata, District- Bhojpur, Ara. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajiva Ranjan, Advocate For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Sikrahata PS Case No. 101 of 2018 dated 23.12.2018 instituted under Sections 304(B) and 201/34 of the Indian Penal Code.

3. The allegation against the petitioners and one other is of killing the daughter of the informant. Learned counsel for the petitioners submitted that the petitioner no. 1 is the mother-in-law of the deceased, whereas the petitioner no. 2 is the wife of the elder brother of the husband of the deceased. It was submitted that the petitioner no. 1 is aged about 70 years and that both the petitioners are living separately and that the daughter of the

Patna High Court CR. MISC. No.23340 of 2019 dt.16-07-2019 2/2 informant has committed suicide for which they are not responsible in any way. It was submitted that only because they are related to the husband of the deceased, they have also been made accused. Learned counsel submitted that the deceased had set herself on fire and the door had to be broken to enter the house and the informant had also come and participated in the cremation. It was submitted that several independent witnesses examined by the police have stated that the deceased was suffering from mental illness and heart problem and was being treated by a doctor at Ara.

4. Learned APP submitted that the petitioners have also been named in the FIR and being related to the husband of the deceased cannot claim innocence.

5. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the provisional anticipatory bail granted earlier to the petitioners by order dated 15.04.2019, stands confirmed.

6. The application stands disposed off.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T