Patna High CourtCR. MISC./44800/2016bail granted

Kanti Devi v. The State Of Bihar

2016-12-07Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.44800 of 2016 (2) dt.07-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44800 of 2016 Arising Out of PS.Case No. -119 Year- 2016 Thana -AWTARNAGAR District- SARAN ======================================================

1. Kanti Devi wife of Bijul Chaudhary resident of Village- Mirjapur, P.S.- Awatar Nagar, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Mishra For the Opposite Party/s Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends her arrest in connection with a case registered under sections 272, 273, 188 of the Indian Penal Code and section 47 of the Excise Act.

Informant, having got information that illegal country made liquor was being prepared in the house of Bijul Chaudhary, raided the house of the aforesaid Chaudhary and seized 5 liters country made liquor and other apparatus which are used for preparing country made liquor. Local chaukidar disclosed that the aforesaid country made liquor was being prepared by Bijul Chaudhary as well as his wife. Petitioner happens to be wife of Bijul Chaudhary.

Learned counsel for the petitioner submits that none has seen the petitioner to prepare country made liquor nor the

Patna High Court Cr.Misc. No.44800 of 2016 (2) dt.07-12-2016 petitioner was arrested nor anything was recovered from her possession. It is further submitted that the petitioner does not have any criminal antecedent and moreover, recovery was made from the joint house.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Awatar Nagar P.S. Case no. 119/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T