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Patna High CourtCR. MISC./29490/2017allowed

Mamiya Devi @ Suchan Devi @ Suchna Devi v. The State Of Bihar

2017-07-20Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.29490 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29490 of 2017 Arising Out of PS.Case No. -1021 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Mamiya Devi @ Suchan Devi @ Suchna Devi, wife of Soma Seth, Resident of Mohalla- Nooranganj, P.S. Sasaram (T), District- Rohtas, At present R/o Mohalla- Sagar, P.S. Sasaram (T), District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Anjani Kumar Saran, Adv. Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner, learned counsel for the Union of India and learned counsel appearing on behalf of the State.

The petitioner apprehends her arrest in connection with Sasaram (T) P.S. Case No. 1021 of 2016 for the offences registered under Sections 3⁄4 and 22 (C) of the N.D.P.S. Act. Learned counsel for the petitioner submits that according to the first information report one Raju Kumar is said to have produced 30 Gram of heroine alleging that the same was recovered from the possession of one Rahul Kumar. The name of the present petitioner has surfaced on the statement of one Manoj Kumar who is said to have stated that Rahul Kumar had stated that the petitioner was the source from which such heroine was being sold. Such statement made before the police has no evidentiary value. It is further submitted that co-accused

Patna High Court Cr.Misc. No.29490 of 2017 (2) dt.20-07-2017 Rahul Kumar has been extended the privilege of regular bail vide order dated 10.01.2017 passed in Cr. Misc. No. 51432 of 2016.

Considering the aforesaid facts and circumstances of the case and that the co-accused Rahul Kumar has been granted regular bail, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 1021 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T