Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40186 of 2020 Arising Out of PS. Case No.-838 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== ASHA DEVI WIFE OF GOVIND THAKUR RESIDENT OF AMAITHA , P.S SARAIYA (JAINTPUR O.P.) , DISTRICT- MUZAFFARPUR. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar For the Opposite Party/s :
Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-08-2021 Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of her arrest in connection with Saraiya (Jaintpur O.P.) P.S. Case No. 838 of 2019 instituted for the offences under Sections 304(B), 201/34 of the Indian Penal Code.
The petitioner is the mother-in-law of the deceased.
It has been stated on behalf of the petitioner that she has been made accused in this case only because of her relationship with the husband of the deceased. The accusation is not specific against her. One of the other
Patna High Court CR. MISC. No.40186 of 2020(5) dt.02-08-2021 2/2 accused persons of this case has already been granted anticipatory bail.
However, regarding being had to the nature of the case and the fact that the husband of the deceased is still at large, I am not inclined to grant anticipatory bail to the petitioner.
The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, her application shall be considered on its own merits without being prejudiced by the fact that the present petition on her behalf has not been entertained. The court below shall also take into account that some of the other accused persons of this case have been granted bail.
The petition stands disposed of.
(Ashutosh Kumar, J) sunilkumar/- U T