Baliya @ Baliya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49981 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -SULTANGANJ District- PATNA ======================================================

1. BALIYA @ BALIYA KHATOON, Wife of Md. Kallu, D/o Abdul Bari Bhawan Pani Tanki, Ambedkar Colony, P.S.- Sultanganj, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Special Case No. 100 of 2017 arising out of Sultanganj P.S. Case No. 157 of 2017 instituted for the offence under Sections-401, 413, 414/34 of the Indian Penal Code and 20, 22 of NDPS Act.

It has been submitted that the petitioner is a lady. She has clean antecedent. There is no recovery of incriminating articles from her possession.

In the written report, it is alleged that Narcotic substance and other articles have been recovered from house of Madina Khatoon who is said to be mother in law of the petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.49981 of 2017 (3) dt.06-11-2017 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 100 of 2017 arising out of Sultanganj P.S. Case No. 157 of 2017 to the satisfaction of learned Sessions Judge-cum-Special Judge, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T