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Patna High CourtCR. MISC./16115/2023allowed

Ramkali Devi v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16115 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== Ramkali Devi W/O Kishori Rai Resident Of Village- Indarwa, P.S.- Sonbarsa, District- Sitamarhi.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20(b)(ii)(C)/22 of N.D.P.S. Act.

It is a case of recovery of 90 Kg Ganza from the house of co-accused Kishori Rai. Petitioner is wife of co-accused Kishori Rai.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.16115 of 2023(7) dt.02-12-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that petitioner has no concern with the seized Ganza. She is a house wife, having no concern with the affairs of her husband and her husband has also been made accused in this case and languishing in judicial custody. Provision of Cr.P.C. has not been followed in this case. Moreover, the petitioner is languishing in judicial custody since 25.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, petitioner being a lady as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with sonbarsa P.S.

Patna High Court CR. MISC. No.16115 of 2023(7) dt.02-12-2023 3/3 Case No. 286 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (NDPS Act), Sitamarhi.

(Sunil Kumar Panwar, J) Nirajkrs/- U T