Chhathiya Devi @ Chati Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6919 of 2019 Arising Out of PS. Case No.-200 Year-2018 Thana- MADHUBAN District- East Champaran ======================================================
1. Chhathiya Devi @ Chati Devi, age 47 years, Gender-Female, Wife of Jagdish Sahani.
2. Champa Devi, age 42 years, Gender-Female, Wife of Nagendra Sahani.
3. Prabhawati Devi, age 46 years, Gender-Female, Wife of Chandeshwar Sahani.
4. Chinta Devi, age 45 years, Gender-Female, Wife of Yogendra Sahani. All residents of Village-Khairwa, P.S.- Madhuban, District-East Champaran, Bihar.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Vikash Kumar Pankaj, Advocate.
For the Opposite Party :
Mr. Bal Mukund Prasad Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that total 13 liters wine is said to have been recovered.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged
Patna High Court Cr.Misc. No.6919 of 2019(2) dt.06-02-2019 2/3 against the petitioners. The petitioners have falsely been implicated in the present case. It is alleged that total 13 liters wine is recovered. Out of which, 9 liters wine is said to have been recovered from respective joint house of the petitioners. The name of the petitioners has come in the present case on the basis of alleged recovery made from respective joint house of the petitioners where other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-VII-cum-Special Judge, Excise, East Champaran, Motihari, in connection with Madhuban P.S. Case No.
Patna High Court Cr.Misc. No.6919 of 2019(2) dt.06-02-2019 3/3 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T