Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2725 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== Chanda Devi, wife of Umesh Kumar Manjhi, resident of Vill-Kishunapura, P.S-Basantpur,Distt.-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the Opposite Party/s :

Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Basantpur P.S. Case No. 365 of 2018, registered for the offence punishable under Sections 272, 273, 308/34 of the Indian Penal Code and Section 30 (A), 41 (i) of Bihar Excise Prohibition Act, 2016.

Allegation has been made that the police has recovered 8.28 litres of foreign liquor from the house of the petitioner. The husband of the petitioner, namely, Umesh Kumar Manjhi, who is also an accused in this case, has moved earlier in Cr. Misc. No.3474/2019 for grant of bail before this Court and this Court has rejected his prayer for bail.

Patna High Court Cr.Misc. No.2725 of 2019(3) dt.29-01-2019 2/2 Learned counsel for the petitioner submits that as the husband's bail has already been rejected, she is only family member of the family and she requires protection from this Court.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-IIcum-Special Judge, Excise, Siwan in connection with Basantpur P.S. Case no. 375 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) V.K.Pandey/- U T