Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39414 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Sunita Devi D/O- Late Latan Manjhi resident of village: Morahe P.S.- Fatehpur, Dist: - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vinod Kumar, Advocate.

For the Opposite Party : Mr. Md. Ansarul Haque, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2016 Heard both sides.

The petitioner apprehends her arrest in Fatehpur P.S. Case No. 148 of 2016 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and under Section 47(A) of the Excise Act.

The SHO of Fatehpur police station alleged that while he was on patrolling duty along with other police officials got information that the petitioner was illegally selling wine in her hut and many people had assembled there. The informant raided the hut of the petitioner but the petitioner and other persons managed to flee away. From the hut of the petitioner six liters of liquor kept in a gallon was recovered.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.39414 of 2016 (2) dt.17-09-2016 2/2 petitioner is a lady and she has got no criminal antecedent. The petitioner is not the owner of the hut but it appears that the witnesses have stated that the hut belongs to the petitioner and the petitioner was selling liquor when the police came the petitioner managed to flee away.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T