Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10102 of 2019 Arising Out of P.S. Case No.-429 Year-2018 Thana- MAHUA District- Vaishali ====================================================== REKHA DEVI (Female), aged about 42 years W/o Parmod Singh, R/o Village Dayalpur, P.S.- Mahua, District Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner seeks bail in connection with Mahua P.S.Case No.429 of 2018 for the offence alleged under Sections 414/34 of the Indian Penal Code and Sections 30, 30(A) and 38 of the Bihar Prohibition and Excise Act.
The prosecution case as lodged by the police personnel is that on secret information that one Pramod Singh and Santosh Singh have concealed huge quantity of illicit liquor in the house, the police conducted a raid and from the house of co-accused Pramod Singh 720 liters and from the house of Santosh Singh 957.600 liters of Indian Made Foreign Liquor was recovered. Allegation upon the petitioner is that she being the wife of Pramod Singh, is involved along with her husband
Patna High Court Cr.Misc. No.10102 of 2019(2) dt.20-02-2019 2/3 and family members in dealing with illicit liquor. It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal antecedent, is a house wife and because of being the wife of co-accused Pramod Singh she has been falsely implicated. He further submits that the illicit liquor has not been recovered from the possession of the petitioner and is languishing in judicial custody since more than two months from 07.12.2018. She undertakes to cooperate in the investigation and not to induce witnesses or tamper with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail stating therein that the huge quantity of illicit liquor was recovered from both the houses and the petitioner is the wife of co-accused Pramod Singh.
Considering the facts and circumstances and the nature of allegations, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mahua P.S.Case No.429 of 2018 to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Vaishali at Hajipur, subject to the conditions that one of the bailors would be a close relative of the petitioner
Patna High Court Cr.Misc. No.10102 of 2019(2) dt.20-02-2019 3/3 having sufficient immovable property, who will file an affidavit stating her/his relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T