Prabhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8528 of 2019 Arising Out of PS. Case No.-702 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Prabhawati Devi aged about 42 years (female) Wife of Late Dinesh Sah Resident of Village- Shankar Saraiya Chowk, P.O. + P.S.- Turkaulia, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar, Adv For the Opposite Party/s :

Mr.Tapeshwar Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 272,273 of the Indian Penal Code and 30(a) Bihar Prohibition and Excise Act, 2016.

Allegation is that 30 liters of country made liquor was recovered from the house of the petitioner. Submission is that the petitioner has got no criminal antecedent and this false case has been lodged for the reason that for murder of the husband of this petitioner, petitioner had lodged Turkaulia P.S.Case No.678 of 2015 under

Patna High Court Cr.Misc. No.8528 of 2019(2) dt.13-02-2019 2/2 Section 302 of the Indian Penal Code as well as complaint against the police for inaction in investigation of that case. Considering the fact that the petitioner is a female, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Turkaulia P.S.Case No.702 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T