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Patna High CourtCR. MISC./53610/2017bail granted

Usha Devi v. The State Of Bihar

2017-11-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 53610 of 2017 Arising Out of PS. Case No.-272 Year-2017 Thana- Siwan Muffasil District- Siwan ====================================================== Usha Devi W/o Bajrangi Barnval R/o Vill. - Vijayhata Mansa Baba, P.S. - Siwan Mufasil (Mahadeva O.P.), District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Prasad Yadav For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

09-11-2017 Heard Sri Sambhu Prasad Yadav, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is lady apprehending her arrest in Siwan Mufasil (Mahadeva O.P.) P.S. Case No. 272 of 2017 registered for offence under Sections 272, 273, 308 of the Indian Penal Code and Sections 41(1), 30(A) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of her arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner has been made accused on alleged confession made by husband of the petitioner, which was made before the police. It has been argued that save and except the fact that petitioner is wife of the accused, from whose house, recovery of foreign liquor was shown, there is no other material to connect

Patna High Court Cr.Misc. No.53610 of 2017(2) dt.09-11-2017 2/2 the petitioner and petitioner is having clean antecedent, which fact has been stated in paragraph - 3 of the petition. Considering the fact that petitioner has been made accused on the basis of confession of co-accused, petitioner is lady and having clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Usha Devi be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge IInd, Siwan in connection with Siwan Mufasil (Mahadeva O.P.) P.S. Case No. 272 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T