Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13460 of 2019 Arising Out of P.S. Case No.-238 Year-2018 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== REKHA DEVI, (female), aged about-38 years, Wife of Badri Sahni R/o village- Gogaul, P.S- Singhwara, District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratan Kumar Kumar, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP-100 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 02.12.2018 in connection with Rail P.S.Case No.238 of 2018 for the offence alleged under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case as lodged by the informant Rail Police Personnel is that three ladies and young girl of 14 years were found in a suspicious condition on the platform with some articles. On search of the three ladies including the petitioner and 14 year old girl, huge quantity of ganja with some cash was recovered. From the possession of the petitioner, 16 kg. 900 grams of ganja and cash of Rs.5,000/- with mobile phone was

Patna High Court CR. MISC. No.13460 of 2019(2) dt.07-03-2019 2/3 recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from the conscious possession of the petitioner. The articles were kept by some other ladies and the alleged ganja has not been examined by any of the experts to ascertain the authenticity of the said alleged contraband article. He further submits that chargesheet has already been submitted, there being no allegation of tampering with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, 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 Rail P.S.Case No.238 of 2018 to the satisfaction of learned Sessions Judge-cum-Special Judge, Muzaffarpur, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file

Patna High Court CR. MISC. No.13460 of 2019(2) dt.07-03-2019 3/3 an affidavit stating his/her relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of her bail bonds. (Nilu Agrawal, J) B.Kr./- U T