Sulekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15702 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- RAJGIR District- Nalanda ====================================================== Sulekha Devi Wife of Sanjay Prasad @ Pallu, Resident of Village - Akauna, P.S.- Ben, District - Nalanda at Biharsharif. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md.Imteyaz Ahmad, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Rajgir P.S. Case No. 31 of 2019 registered for the offences under Sections 272, 273, 420 and 120B of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The alleged recovery has been made from the house of one Pallu Prasad @ Sanjay Prasad. It is for this reason, the petitioner being the wife of said Pallu Prasad @ Sanjay Prasad, has been made accused. Learned counsel submits that this petitioner was in her maike when the raid was conducted in the house. In such circumstance, it cannot be said that the alleged illicit liquor was there in the premises

Patna High Court CR. MISC. No.15702 of 2019(2) dt.15-03-2019 2/2 with consent of the petitioner and within her knowledge. Learned APP for the State is present and has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case wherein this petitioner is said to be a female and has been made accused because she happens to be the wife of one of the accused, in case of arrest or surrender of the petitioner within a period of four weeks from today in connection with Rajgir P.S. Case No. 31 of 2019, she shall be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-III, Nalanda at Biharsharif, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) avin/- U T