Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19557 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -PATLIPUTRA RAIL P.S. District- PATNA ======================================================

1. Asha Devi, Wife of Shiv Bhajan Manjhi, resident of Village- Narhanna Rasulpur, Bijaigopal, Police Station- Maner, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with G.R.P. Patliputra P.S.Case No.4 of 2017, registered for offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 2(a), 3/5(b) and 18 of the Bihar Excise Amendment Act, 2016.

Allegation against the petitioner is that 05 gunny bags of 'Mahua Flowers' were found below the seat of the passengers of the Train.

It is submitted on behalf of the petitioner that the petitioner is a lady having no criminal antecedent and she has remained in custody for more than two months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.19557 of 2017 (2) dt.04-05-2017 2/2 Having heard both sides and in view of the fact that the petitioner has clean antecedent and also she is a lady as well as she has remained in custody for more than two months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Railway, Patna in connection with G.R.P. Patliputra P.S.Case No.4 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U