Patna High CourtCR. MISC./56048/2017bail granted

Radha Devi v. The State Of Bihar

2017-12-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56048 of 2017 Arising Out of PS.Case No. -181 Year- 2017 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Radha Devi W/o Gulab Manjhi, R/o Village- Tajpur Morwa, P.S.- Tajpur, District- Samastipur at present Village- Jagiriya, P.S.- Paru, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 414 of the Indian Penal Code and 25(1-b) a, 26 and 35 of the Arms Act. The allegation is that some persons were apprehended moving in suspicious circumstances and from possession of all the persons some incriminating articles were recovered but nothing has been recovered from the petitioner's possession. Counsel for the petitioner submits that she was a bonafide purchaser in the market from where she has been apprehended merely on the basis of suspicion. He also submits that prior to the instant case the petitioner has no criminal antecedent and she is in jail custody since 27.08.2017. In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.56048 of 2017 (2) dt.13-12-2017 2/2 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Brahmpur P.S. Case No. 181 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T