Jaibun Nesa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22755 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Jaibun Nesa Wife of Late Khurshed Alam resident of Village - Puraina Chaubey Tola, Balkurwa, P.S. Chanpatia, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anis Akhtar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 353, 504, 506/34 of the Indian Penal Code and Section 37(C) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that accused persons in a drunken state misbehaved with the Medical officer of the Hospital.

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 is a lady. She has been working as Asha Worker and had taken one Sita Devi to the Hospital where

Patna High Court Cr.Misc. No.22755 of 2018(2) dt.25-04-2018 2/2 one of the relatives of Sita Devi is alleged to have misbehaved with the Medical Officer in a drunken state. As far as the petitioner is concerned, the only allegation is that she also misbehaved with the Medical Officer. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of liquor in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Chanpatia P.S. Case No. 43 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T