Rubi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6981 of 2024 Arising Out of PS. Case No.-644 Year-2023 Thana- BUXAR District- Buxar ====================================================== Rubi Devi, D/o- Upendra Chaudhary, R/o- Shantinagar Choudhary, R/oShantinagar Ps- Buxar Town Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Nath Pandey, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In this case, the petitioner is apprehending her arrest in connection with Buxar (Town) P.S. Case No. 644 of 2023, registered on 24.11.2023 for the offences under Sections 21(b) and 22(b) of the N.D.P.S. Act.
3. As per prosecution case, police received secret information about the petitioner, her father and her husband selling heroin from their house. A raid was conducted but no one was apprehended and from the search of the house, 6.35 gram of heroin was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No specific allegation has been levelled against the
Patna High Court CR. MISC. No.6981 of 2024(2) dt.17-02-2024 2/3 petitioner and nothing has been recovered from her conscious possession. The petitioner does not live at the place of occurrence which is her parental home. The petitioner is a married lady and she lives at Febna Uttar Pradesh. Petitioner visited her parental home on the occasion of Chath Puja and it is not believable that she was selling heroin from the house of her father. The whole story is cooked up against the petitioner by the police. Petitioner is having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the possibility of false implication, let the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned District Judge-cumSpecial Court N.D.P.S. Act, Buxar/court concerned in connection with Buxar (Town) P.S. Case No. 644 of 2023, subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.6981 of 2024(2) dt.17-02-2024 3/3 the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T