Masomat Nirmla Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.2737 of 2017 (2) dt.09-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2737 of 2017 Arising Out of PS.Case No. -207 Year- 2016 Thana -RAJNAGAR District- MADHUBANI ====================================================== Masomat Nirmla Devi wife of Late Rajendra Paswan resident of village - Bisahara Tola, P.S. - Raj Nagar, District - Madhubani..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Raj Nagar P.S. Case No. 207 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 47(A) and 54 of Bihar Excise (Amendment) Act, 2016. Allegedly, from the kitchen room of the house of the petitioner 50 liters swollen Mahua was recovered. Submission is of false implication and that the seizure list witnesses are not of the village rather they are of village Jinghaila, copy of seizure list was not given to any of the house inmates and as such the petitioner deserves sympathetic consideration as in this case other co-accused have been allowed pre-arrest bail by the court below itself.

Learned APP submits that considering the recovery prayer

Patna High Court Cr.Misc. No.2737 of 2017 (2) dt.09-02-2017 of pre-arrest bail of the petitioner has been refused and further copy of seizure list has been annexed at the house by Mahal Chaukidar as nobody was present to receive the copy. In the facts and circumstances stated above, considering the alleged recovery, I am not inclined to grant privilege of prearrest bail to the petitioner, accordingly, her such prayer stands rejected.

However, in case and if so advised, the petitioner surrenders and seeks regular bail before the court below, then her prayer for bail shall be considered on its own merit on the same day without being prejudiced by the present order. (Jitendra Mohan Sharma, J) avin/- U T