Priyanka Kumari @ Kumari Priyanka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13693 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== PRIYANKA KUMARI @ KUMARI PRIYANKA Wife of Ramashray Pal Resident of Village - Lalapur, P.S. - Kudra District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 419, 420, 312, 315 of the Indian Penal Cod and Sections 27b(ii), 27(d) of the Drugs and Cosmetics Act, 1940 and Cosmetics Amendment Act, 2008. Allegedly, in course of raid, Mourya Hospital was found running from where some medicines, injections and apparatus for the use of parturition and abortion as well as salines having expired date have been seized and the Manager did not produce

Patna High Court CR. MISC. No.13693 of 2020(2) dt.25-06-2020 2/3 any paper showing valid authorization for operating of such hospital. The petitioner is said to have been was found engaged in parturition of a woman namely Meira Devi and some illegal apparatus was found and seized.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is a lady. She has been made accused in the present case due to mistake of fact. The allegation, made in the FIR is denied by the petitioner. She has no concern with the alleged occurrence. The other co-accused with similar allegation has been granted anticipatory bail by this court vide order dated 2406-2020 passed in Cr. Misc. No. 13559 of 2020. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Kaimur at

Patna High Court CR. MISC. No.13693 of 2020(2) dt.25-06-2020 3/3 Bhabua in connection with Kudra P.S. Case No. 13 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U