Baby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42922 of 2017 Arising Out of PS. Case No.-17 Year-2017 Thana- MEHUS District- Sheikhpura ====================================================== Baby Devi, W/o Bijay Ram, resident of Village- Mehus, P.S.- Mehus, District- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dr. Anjani Pd. Singh For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Dr. Anjani Prasad Singh, learned counsel for the petitioner and Sri Binod Kumar, learned Additional Public Prosecutor.

The sole petitioner , who is a lady , has prayed for grant of anticipatory bail in Mehus P.S. Case No. 17 of 2017 registered for the offence under section 272, 273, 337, 353, 307 of the Indian Penal Code , 1860 and Section 30(a)(d), 45 of the Bihar Prohibition and Excise Act, 2016 in the event of her arrest or surrender. It was argued by learned counsel for the petitioner that F.I.R. was lodged on source information as if in the house of husband of the petitioner namely Bijay Ram

Patna High Court Cr.Misc. No.42922 of 2017(2) dt.21-09-2017 2/3 process of preparing wine was going on, thereafter search was conducted. On search about 2 liters of country made liquor was shown recovered. It has been alleged that while Police arrived petitioner tried to burn the Officer -in -charge by way of throwing boil water, however he escaped. However , on this allegation petitioner and one another lady has been made accused, whereas husband of the petitioner has not been shown as accused in the present case. Learned counsel for the petitioner has also drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent.

Considering the nature of accusation , the fact that petitioner is a lady and her clean antecedent , in the event of her arrest or surrender within a period of six weeks from today, let the petitioner Baby Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Ist A.D.J. Sheikhpura / concerned court in connection with Mehus

Patna High Court Cr.Misc. No.42922 of 2017(2) dt.21-09-2017 3/3 P.S. Case No. 17 of 2017 subject to the conditions as contemplated under section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T