Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7167 of 2022 Arising Out of PS. Case No.-593 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Rita Devi, Female, aged about 30 years, Wife of Lakhindra Sahani, Resident of Village - Chakvaja Nagwan, Vaishali, P.S.- Belsar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-05-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Sadar P.S. Case No. 593 of 2021 registered for the offences punishable under Sections 8/20(b) (ii) (c) of the NDPS Act. The petitioner is a widow lady having two minor children. The recovery is of 1.650 Kg. of Ganja from her possession. She is in custody since 31.08.2021. Considering the fact that the bar of Section 37 of the NDPS is not applicable in the present case, this application for

Patna High Court CR. MISC. No.7167 of 2022(2) dt.26-05-2022 2/2 bail is allowed, the petitioner above-named is directed to be enlarged on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Sessions Judge, Muzaffarpur in connection with Sadar P.S. Case No. 593 of 2021, subject to the condition that the bailors should be blood relative of the petitioner.

The petitioner shall be released after framing of charge, if the same has not been framed, the other co-accused persons have not been apprehended or are not appearing then her trial should be separated and charge should be framed. With the aforesaid observations and directions, this application is allowed.

(Sandeep Kumar, J) Anand Kr.

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