Lukho Devi @ Rukhni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34367 of 2024 Arising Out of PS. Case No.-395 Year-2024 Thana- NAWADA District- Nawada ====================================================== Lukho Devi @ Rukhni Devi WIFE OF KARU CHAUDHARY VILLAGEBHADAUNI, HATPUR, PS- TOWN, DIST- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 337, 332, 333, 307, 379, 511, 353, 427 of the IPC and Section 45 of the Bihar Prohibition and Excise Act, 2022 in connection with Nawada Town (Nagar) P.S. Case No.395 of 2024.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and is a women and allegation is of recovery of 05 liters of liquor from the house of Karu Chaudhary.

4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and allegation against the petitioner and other

Patna High Court CR. MISC. No.34367 of 2024(2) dt.15-05-2024 2/3 accused persons named in the FIR is of pelting stones and bricks on the police party, causing injury to three constables. It is next submitted that since petitioner is wife of Karu Chaudahry, as such she has been implicated by the Chowkidar based on suspicision.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise, Court No.1, Nawada in connection with Nawada Town (Nagar) P.S. Case No.395 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present anticipatory bail order shall not be given

Patna High Court CR. MISC. No.34367 of 2024(2) dt.15-05-2024 3/3 effect.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T