Reema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20397 of 2020 Arising Out of PS. Case No.-123 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== REEMA DEVI, Wife of Guddu Dubey @ Santosh Kumar Dubey, Resident of Village - Anandpur, P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2020 This case has been heard through Video Conferencing. Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within two weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 20 & 22 of the Narcotics Drugs and Psychotropic Substance Act.

The prosecution case in brief is that the informant SHO of Saraiya P.S. has alleged in his written application that on 25.02.2020, he was informed by the office of SDPO, office, Saraiya regarding illicit business of Ganja by one Guddu Dubey

Patna High Court CR. MISC. No.20397 of 2020(2) dt.19-06-2020 2/3 in village-Anandpur, P.S.-Saraiya. To verify the fact, informant alongwith other police party as well as Block Agriculture Officer reached at the house of Guddu Dubey and surrounded the house. In presence of Reema Devi, wife of Guddu Dubey, house was searched and from the house altogether 21 Kg and 500 grams of Ganja was recovered. Reema Devi did not give any satisfactory reply regarding recovered Ganja. She confessed her guilt stating that her husband has been doing business of Ganja for last ten years and she made assistance in the said business of Ganja. It is further alleged that Guddu Dubey managed to escape seeing the police.

Accordingly, seizure list was prepared with regard to above recovered Ganja and a copy of seizure list was handed over to the petitioner Reema Devi. Learned counsel for the petitioner submits that the petitioner is quite innocent and she has in fact committed no offence. The petitioner was not arrested from her village house. She has been living at Patahi Jagannath for last ten years for the study purpose of her children wherefrom, petitioner was arrested by the police. The alleged P.O. is the common ancestral house of the petitioner's husband wherein his other brothers reside.

Patna High Court CR. MISC. No.20397 of 2020(2) dt.19-06-2020 3/3 custody since 26.02.2020. She has got clean criminal antecedent.

Learned APP for the State opposes the prayer for bail petition.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Special Judge, Muzaffarpur, in connection with Saraiya P.S. Case No. 123 of 2020.

(Anjani Kumar Sharan, J) amitkumar/- U T