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Patna High CourtCR. MISC./14652/2024disposed

Shanti Devi v. The State Of Bihar

2024-03-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14652 of 2024 Arising Out of PS. Case No.-209 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

Shanti Devi wife of Chhabila Chaudhary @ Chhabila Sahani VillageHathiyahi Ps- Piprakothi Dist- East Champaran 2.

Saroj Devi wife of Saheb Chaudhary @ Saheb Sahani Village- Hathiyahi PsPiprakothi Dist- East Champaran 3.

Seema Devi wife of Jawan Chaudhary @ Jawan Sahani Village- Hathiyahi Ps- Piprakothi Dist- East Champaran 4.

Rani Devi wife of Chandan Chaudhary @ Chandan Sahani VillageHathiyahi Ps- Piprakothi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-03-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 272, 273, 341, 323, 332, 333, 353, 308, 504, 506 of the I.P.C. & Sections 30(a), 32(i), 34(b), 45, 36 of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are women and petitioner no.1 has antecedent of two cases and petitioner no.2, 3 and 4 are persons with clean antecedent and allegation is of recovery of 20 litres of liquor from a place near

Patna High Court CR. MISC. No.14652 of 2024(2) dt.11-03-2024 2/2 the house of Chhabila Chaudhary and 20 litres of liquor from a place behind the house of Mahendra Chaudhary. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and they came to be implicated being the wife and daughter-in-law of Chhabila Chaudhary. It is next submitted that even alleged recovery is not from the house of Chhabila Chaudhary but from a place near his house, as such, based on suspicion, the petitioners have been implicated in order to coerce Chhabila Chaudhary into submission.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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.10000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Piprakothi P.S. Case No.209/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T