Devanti Devi @ Devmanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46913 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- ROH District- Nawada ====================================================== DEVANTI DEVI @ DEVMANTI DEVI W/o Kailash Mahto Resident of Village- Maharawan, P.s.- Roh, District- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyapal Singh,Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in connection with Roh P.S. Case No. 97 of 2022 for the offence registered under Sections 302, 201 and 34 of the Indian Penal Code. As per the prosecution story, the informant is the father-in-law of the deceased and he has alleged that his son-inlaw was killed by his family members including the parent and without waiting for them, the mortal remains were consigned to flames and as such, it is his claim that it is not a natural death rather a killing.

Learned counsel for the petitioner submits that she is unfortunate widow-mother of the deceased-son. The fact is that her son was suffering from mental disorder and was also treated by Central Institute of Psychiatric at Kanke, Ranchi which has been brought on record by way of Annexure 2 series. On the

Patna High Court CR. MISC. No.46913 of 2022(2) dt.03-01-2023 2/2 fateful day, he collapsed and that led to his immediate death. It was a natural death but it has been given the color of killing. Learned APP for the State opposes the prayer stating that the allegation is of killing and disposal of the dead body. Taking into account the fact that the deceased was being treated at the Central Institute of Psychiatric at Kanke, Ranchi, the widow-mother is 70 years old, she do not have criminal antecedent and as submitted by the learned counsel for the petitioner, she will be co-operating in the investigation, this Court is inclined to grant her privilege of anticipatory bail.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Roh P.S. Case No. 97 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T