Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22230 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Seema Devi Wife of Vimal Kishore Mishra Resident of Village- Manika Bishanpur Chand, PS Mushashari, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 272 and 273 of the I.P.C and sections 47 (A) and 47 (G) of the Excise Act.

Allegedly, from the house of Vimal Kishore Mishra, the husband of the petitioner, about 211 liters of country made liquor was recovered and during investigation the liquor was found dangerous to the human life.

Submission is of false implication and that as the husband of the petitioner fled away and then the petitioner has been apprehended in this case resulting she is suffering in custody since 04.04.2016 having clean antecedent, due to the family

Patna High Court Cr.Misc. No.22230 of 2016 (2) dt.24-05-2016 2/2 dispute the case has been lodged, the house is the joint family property wherein the husband of the petitioner and his two brothers reside.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that the husband of the petitioner fled away and then the petitioner has been apprehended and as such considering her detention, now she is directed to 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 A.C.J.M-Cum- Sub. JudgeIII, Muzaffarpur in Mushahari P.S. Case No. 49 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T