Partly allowed

Most Gulabi Devi @ Gulabi Devi v. the State of Bihar

Patna HC18 Feb 2022CR. MISC./15268/2021

Case brief

AI extract

What is this about?

Honourable Mr. Justice Ashutosh Kumar disposed of two bail applications via oral order. Provisional bail to the deceased's mother-in-law regarding COVID-19 death was confirmed. Anticipatory bail to the husband, who buried the body fear of prosecution, was rejected.

What did the court decide?

Confirmation of provisional bail for Gulabi Devi; rejection of anticipatory bail for Krishna Sah with direction to surrender below for bail.

Most Gulabi Devi @ Gulabi Devi Vs the State of Bihar — Quashing and FIR | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15268 of 2021

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Arising Out of PS. Case No.-54 Year-2020 Thana- PAKRIDAYAL District- East Champaran

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====================================================== MOST GULABI DEVI @ GULABI DEVI W/o Late Hira Sah Resident of Village - Mathia (Dumarwana), P.S.- Pakaridayal, Distt.- East Champaran.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 29645 of 2021

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Arising Out of PS. Case No.-54 Year-2020 Thana- PAKRIDAYAL District- East Champaran

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======================================================

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KRISHNA SAH @ KRISHNA KUMAR Son of Late Hira Sah Resident of Village- Mathia (Dumarwana), P.S.- Pakridayal, District- East Champaran.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 15268 of 2021) For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP (In CRIMINAL MISCELLANEOUS No. 29645 of 2021) For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 18-02-2022

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Heard Mr. Anil Kumar, learned Advocate for the petitioners in both the applications and the learned APP for the State.

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The petitioner in Cr. Misc. No. 15268 of 2021 is the mother-in-law of the deceased whereas the applicant of Cr. Misc. No. 29645 of 2021 is the husband of the deceased.

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Patna High Court CR. MISC. No.15268 of 2021(3) dt.18-02-2022 2/3

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Most. Gulabi Devi @ Bulabi Devi (petitioner in Cr. Misc. No. 15268 of 2021) was granted provisional bail by order dated 04.01.2022. The case of the husband of the deceased was directed to be listed along with the case of the mother-in-law of the deceased today.

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Both the applications are being disposed of by this common order.

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The petitioners have contended that the deceased died because of Covid-19 infection. She had been afforded all possible treatment but she did not respond to the aforesaid treatment and died. Out of fear of being prosecuted, the husband of the deceased (petitioner in Cr. Misc. No. 29645 of 2021) buried the dead body.

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It was urged on behalf of the mother-in-law of the deceased that she is an old lady and from different sources she had learnt that her daughter-in-law had died because of Covid-19 pandemic.

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Regard being had to the fact that the motherin-law of the deceased is staying separately from her son and the deceased daughter-in-law and also taking into account her age and gender, she was granted provisional bail.

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For the reasons aforesated, the provisional bail

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Patna High Court CR. MISC. No.15268 of 2021(3) dt.18-02-2022 3/3

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of Most. Gulabi Devi @ Bulabi Devi (petitioner in Cr. Misc. No. 15268 of 2021)is, hereby, confirmed.

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She shall remain on the same bail bonds.

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So far as the husband of the deceased is concerned, viz. the petitioner (in Cr. Misc. No. 29645 of 2021), his application for anticipatory bail is rejected.

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Should he surrender before the court below and seek bail, all the grounds noted above shall be taken into account and an order shall be passed by the court below without being prejudiced by the fact that the present petition on his behalf has not been entertained.

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Both the applications are disposed off accordingly.

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(Ashutosh Kumar, J)

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krishna/-

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U T

Most Gulabi Devi @ Gulabi Devi v. the State of Bihar

Case brief

What is this about?

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Most Gulabi Devi @ Gulabi Devi v. the State of Bihar

Case brief

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