Indra Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.28114 of 2015 (2) dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28114 of 2015 Arising Out of PS.Case No. -212 Year- 2014 Thana -MANSI District- KHAGARIA ====================================================== Indra Devi Wife of Yogendra Singh, Resident of village- Saidpur, P.S. Mansi, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehend his arrest for the offences alleged under Section 414 of the Indian Penal Code and Section 7 of E.C. Act registered in connection with Mansi P.S. Case No. 212 of 2014.

3. It is submitted that the petitioner has been falsely implicated only on the basis of statement of co-accused Mukesh Yadav and there is no other materials to connect the petitioner with the alleged offence. There is also nothing to suggest any shortage in stock maintained by the petitioner being a PDS dealer as proper registers has been maintained in the ordinary course of business. The petitioner is a lady of old age and claims clean antecedent.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.28114 of 2015 (2) dt.27-07-2015 circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Mansi P.S. Case No. 212 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions : (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner will be well represented on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T