Geeta Kumari @ Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18077 of 2020 Arising Out of PS. Case No.-466 Year-2018 Thana- SIWAN CITY District- Siwan ====================================================== GEETA KUMARI @ GEETA DEVI W/o Harindra Singh Resident of VillageLine Bazar, P.S.-Mirganj, District-Gopalganj. Permanent Address-Resident of Village-Murarvatraha, P.S.-Fulvariya, District-Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 379, 411 of the Indian Penal Code and 30(a)/36 of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that 720 ml wine is recovered. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The

Patna High Court CR. MISC. No.18077 of 2020(2) dt.17-07-2020 2/2 petitioner is a lady. The name of the petitioner has transpired in this case on disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest her implication in this case. It is alleged that 720 ml wine is recovered. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of A.D.J. II-cum-Special Judge, Excise, Siwan in connection with Siwan Town P.S. case No.466 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of 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 seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

Narendra/- (Sudhir Singh, J) U T