Lakho Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.16211 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- PALI District- Jehanabad ====================================================== 1.
LAKHO DEVI Wife of Dharmendra Sapera Resident of Village - Uttarserthu, P.S.- Pali, District - Jehanabad. 2.
Sabita Devi Wife of Surendra Sapera Resident of Village - Uttarserthu, P.S.- Pali, District - Jehanabad.
3.
Budhiya Devi Wife of Munna Sapera Resident of Village - Uttarserthu, P.S.- Pali, District - Jehanabad.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar, Advocate For the Opposite Party/s :
Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2020 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in the present case are seeking anticipatory bail in connection with Pali P.S. Case No. 118 of 2019 registered for the offence punishable under Section 30(A) and 30(D) of Bihar Prohibition & Excise Act.
Learned counsel for the petitioners submits that the alleged recovery of illicit liquor has been made from a joint family house in which the petitioners being the wives of the male members have been made accused and further that their husbands have been granted privilege of regular bail by the learned court below itself. The petitioners have no criminal
Patna High Court CR. MISC. No.16211 of 2020(2) dt.12-06-2020 2/3 antecedent.
Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
Considering the facts and circumstances of the case wherein it appears that on the statement made by apprehended accused Upash Sapera who is the eldest member of the family that his all three sons and their respective wives have been made accused alleging that they are involved in manufacture and selling of illicit liquor, there being no specific allegation against these petitioners who are the three wives of the sons of said Upash Sapera and further submission that the sons have already been granted regular bail by the learned court below, these petitioners being female members of the family having no criminal antecedent, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today in connection with Pali P.S. Case No.
118 of 2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - II - cum Special Judge (Excise Act), Jehanabad, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
Patna High Court CR. MISC. No.16211 of 2020(2) dt.12-06-2020 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. This application stands allowed.
(Rajeev Ranjan Prasad, J) avin/-rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.