Shanti Kumari @ Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5627 of 2019 Arising Out of PS. Case No.-170 Year-2016 Thana- KOCHAS District- Rohtas ====================================================== Shanti Kumari @ Shanti Devi, aged about 25 years, Gender-Female, D/oLate Bansh Narayan Sah, Resident of Mohalla- Gandhi Nagar, Ward No. 5, P.S.- Kochas, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2019 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 8(C), 20(B), 22, 27(A) of the N.D.P.S. Act.

The prosecution case as per the self statement of SI Satish Kumar, SHO, Kochas Police Station recorded on 08.12.2016 at 07.30 P.M., at house of Pradeep Kumar is to the effect that he received a secret information that Pradeep Kumar in association with his brother, Santosh Sah is involved in the sale of illicit liquor. Consequently, raid was laid and from the house of Pradeep Kumar, 7 K.g., ganza was recovered, leading to the registration of FIR against co-accused Pradeep Kumar and

Patna High Court Cr.Misc. No.5627 of 2019(2) dt.01-02-2019 2/3 Santosh Sah. It is further alleged that during investigation, the name of the petitioner sprang up, who is married sister of coaccused Pradeep Kumar, which gets reflected from the impugned order.

It is submitted by learned counsel for the petitioner that admittedly, as per FIR the case is made out against the coaccused Pradeep Kumar and Santosh Sah and the petitioner has been maliciously roped in the present case. It is further submitted that similarly situated co-accused Dharmendra Sah, who is brother of the petitioner has been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 11.12.2018 passed in Cr. Misc. No. 53624 of 2018 It is submitted by learned APP for the State that the name of the petitioner sprang up during investigation. Considering the fact that the FIR suggests specific accusation is against co-accused Pradeep Kumar and Santosh Sah and the petitioner being a lady, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten

Patna High Court Cr.Misc. No.5627 of 2019(2) dt.01-02-2019 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, N.D.P.S., Rohtas at Sasaram in connection with Kochas P.S. Case No.170 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T