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Patna High CourtCR. MISC./80785/2018disposed

Puja Kumari v. The State Of Bihar

2019-02-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80785 of 2018 Arising Out of PS. Case No.-191 Year-2017 Thana- PATAHI District- East Champaran ====================================================== Puja Kumari wife of Rambabu Paswan @ Dheeraj, resident of village- Chaita, P.S.- Pakarideyal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2019 This is an application for grant of anticipatory bail in connection with Patahi P.S. Case No. 191 of 2017, disclosing offences under Sections 121, 121(A), 120(B) of the Indian Penal Code, Sections 25(1-B)A, 25(1-AA), 25(1-AAA), 26, 35 of the Arms Act, Section 3/4 Explosive Substance Act and Sections 16, 18, 18A, 18B, 49, 20 Unlawful Activities (Prevention) Act. Allegation as per F.I.R. is that police on information raided the place of occurrence and arrested three persons and rest succeeded in fleeing away and the arrested persons disclosed the name of the petitioner also as a member of Naxal gang and also huge quantity of explosive substances were recovered.

Submission of learned counsel for the petitioner is that the petitioner is a lady and nothing has been recovered from

Patna High Court Cr.Misc. No.80785 of 2018(3) dt.20-02-2019 2/2 her conscious possession and she has been named only on the basis of confessional statement of co-accused. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case as stated above, let petitioner surrender before the learned court below within a period of six weeks from the date of receipt of the order and on surrender, she will be released on provisional bail to the satisfaction of the court below till submission of charge-sheet with condition to cooperate in investigation of the case, however, once the chargesheet has been submitted against the petitioner, she should surrender and make prayer for regular bail, which shall be considered on the basis of materials available at that time against her.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) Amjad/- U T