Vibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24570 of 2019 Arising Out of PS. Case No.-280 Year-2018 Thana- BIBHUTIPUR District- Samastipur ====================================================== VIBHA DEVI W/O Sri Rambadan Paswan, Resident of Mohalla, Deshari Ward No.-14 URF Sahjahanpur, P.S. Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Basant Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2019 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 Bibhutipur P.S. Case No. 280/2018.

3. It is submitted that the petitioner has been falsely implicated merely because she happens to be the mother-in-law of the deceased. No specific overt act has been alleged against the petitioner and the accusations are general and omnibus in nature. It is further submitted that the petitioner was living separately from the deceased and her husband and has no concern with their day-today matters. The husband of the deceased was suffering from mental illness by reason of which the deceased committed suicide by setting fire to herself. The husband of the deceased is in judicial custody. The petitioner is a lady claiming clean antecedents.

4. Learned APP invites reference to the post mortem report in the case diary, according to which the deceased suffered from 100% burn injuries. The witnesses consistently supported the prosecution case with regard to demand of dowry and the offence committed by the accused persons.

5. Having regard to the nature of accusations and gravity of

Patna High Court CR. MISC. No.24570 of 2019(3) dt.20-09-2019 2/2 offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) Chandran/- U T