Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.388 of 2019 Arising Out of PS. Case No.-257 Year-2018 Thana- RAMNAGAR District- West Champaran ====================================================== Shanti Devi wife of Sri Ajay Prasad Kesari @ Ajay Prakash Kesari resident of village-Uhmi Compound, Ramnagar, P.S.- Ramnagar, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv For the Opposite Party/s :

Mr.Sri Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The informant and petitioner are resident of the same place.

Submission is that as disclosed in the FIR, informant had no occasion or authority to ask the petitioner, as to what she was carrying in her handbag and thereafter petitioner throwing the same and fleeing away. Due to village politics and enmity between the parties, false case has been lodged. Petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.388 of 2019(2) dt.28-01-2019 2/2 Considering the aforesaid facts and the fact that the petitioner is a female, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ramnagar P.S.Case No.257 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T