Anju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6815 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -TANDWA District- AURANGABAD ====================================================== Anju Devi, W/o Umakant Dubey .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 14.01.2016 in a case registered for the offences punishable under sections 20(b)/23/25/27/27(a)/29 of The Narcotic Drugs and Psychotropic Substances act, 1985.

Prosecution case is that on secret information that the petitioner's husband Umakant Dubey is dealing with narcotics, the raid was made in the in-laws house of Umakant Dubey when this petitioner being wife of Umakant Dubey obstructed the raiding party to enter into the house. In the meantime, Umakant Dubey made an attempt to flee away from the house with a bag when he was caught and from the said bag 2 kgs 'ganja' and 500 gms 'charas', country made pistol and one Samsung mobile were

Patna High Court Cr.Misc. No.6815 of 2016 (2) dt.10-02-2016 2/2 recovered.

It is submitted by learned counsel for the petitioner that admittedly there is no recovery from the petitioner. In fact, the recovery is from the bag which was being carried by the husband of the petitioner and the petitioner is a lady having no criminal antecedent. A statement to that effect has been made in paragraph 3 of the petition.

The learned APP for the state admits that actually recovery was made from the husband of the petitioner. Considering the aforesaid facts, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Aurangabad in connection with Tandawa P.S. Case No.3/2016.

(Dinesh Kumar Singh, J) Ashwini/- U T