Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33700 of 2018 Arising Out of PS.Case No. -390 Year- 2017 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Malti Devi W/o Jay Prakash Roy, R/o Mohalla- Bhauwara, P.O.+P.S.- Madhubani Town, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends her arrest in connection with Madhubani Town P.S. Case No. 390 of 2017, dated 17.12.2017, corresponding G.R. No. 983 of 2017, registered for the offences under Sections 272, 273 of the Indian Penal Code and Sections 30(a) of Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of huge quantity of foreign wine.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from her conscious possession and not arrested on the spot. It has been further submitted that the petitioner has not

Patna High Court Cr.Misc. No.33700 of 2018 (2) dt.07-06-2018 2/2 named as accused in the present case. Petitioner is the only owner of the said vehicle and she has given her alleged vehicle to the driver for running the business and her vehicle has been recovered from the place of occurrence and as such she has no knowledge regarding the alleged recovery of wine.

Considering the facts and circumstances of the case, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 2nd-cum-Special Judge, Excise Act, Madhubani in connection with Madhubani Town P.S. Case No. 390 of 2017 dated 17.12.2017, corresponding to G.R. No. 983 of 2017, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) Ved/Rajeev/- N.H./- U T