Munni Parwej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26811 of 2023 Arising Out of PS. Case No.-96 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== MUNNI PARWEJ WIFE OF PARWEJ ALAM R/O DAUD NAGAR, P.S.- VAISHALI, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Prasad Bhartee For the Opposite Party/s :

Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a women and is a person with clean antecedent and allegation is of recovery of 486.495 liters of liquor from the hut of Santosh Rai, 45 liters of liquor from the room of Laldev Rai and 7.875 liters of liquor from a scooty.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that the petitioner being owner of the scooty came to be implicated when admittedly she had sold the scooty much prior to the occurrence to one Santosh as would be evident from Annexure 2. Learned counsel

Patna High Court CR. MISC. No.26811 of 2023(2) dt.22-05-2023 2/2 next submits that had the petitioner being owner of the scooty then definitely she would not have used the vehicle for committing an occurrence and thus would have created evidence against herself and would have got implicated, it is further submitted that even the FIR does not even remotely reflects that from the place of occurrence, a women fled or a women was also present.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vaishali P.S. Case No. 96 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T