Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32332 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== MINA DEVI, Wife of Baldev Das Resident of Village - Datapur, P.S.- Saraiya, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-05-2021 Heard Mr. Nachiketa Jha, learned counsel for the petitioner and Mr. Anil Prasad Singh, learned APP for the State.

The petitioner, who is the mother-in-law of the deceased, seeks bail in anticipation of her arrest in connection with Saraiya P.S. Case No. 13 of 2020, instituted for the offence under Section 304-B of the Indian Penal Code.

The learned counsel for the petitioner has submitted that from the statement of informant himself, it would appear that the informant was told that the deceased had committed suicide by pouring

Patna High Court CR. MISC. No.32332 of 2020(5) dt.19-05-2021 2/3 kerosene oil over herself. It has, therefore, been submitted that petitioner cannot be faulted for being the mother-in-law of the deceased, who chose to commit suicide.

It has further been submitted that the allegations are absolutely general and omnibus in nature and from the post-mortem report, it appears that the death was because of burn injuries. There is no other injury on the person of the deceased, signifying that she was not subjected to any physical pressure by anyone else except herself.

However, considering the fact that the petitioner is the mother-in-law of the deceased and is responsible for the well being of her daughter-in-law, I am not inclined to grant her anticipatory bail. The prayer for anticipatory bail is rejected. While saying so, this Court has also taken note of the fact that the husband of the deceased has not yet surrendered to the process of law.

Patna High Court CR. MISC. No.32332 of 2020(5) dt.19-05-2021 3/3 However, if the petitioner surrenders before the court below and seeks bail, the court below shall take into account the age, gender and the accusation against the petitioner and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition on her behalf has not been entertained.

(Ashutosh Kumar, J) skm/- U T