Anita Marandi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26199 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- FULKAHA District- Araria ====================================================== ANITA MARANDI Wife of Shyam Lal Hansda @ Shyam Hansda Resident of Village- Madhura West Ward No.04, Adiwasi Tola, P.S.- Fulkaha, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending her arrest in connection with Fulkaha P.S. case No.61 of 2020 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that 2 liters wine is recovered from the joint house of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no

Patna High Court CR. MISC. No.26199 of 2021(2) dt.04-08-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 2 liters wine is recovered from the joint house of the petitioner. Petitioner is a lady. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the 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 twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Fulkaha P.S. case No.61 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.26199 of 2021(2) dt.04-08-2021 3/3 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 eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T