Chandani Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40133 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- SURYAPURA District- Rohtas ====================================================== CHANDANI KHATOON W/O AKHTAR ALAM R/O VILLAGEBALIHAR, P.S- SURYAPURA, DISTT.- ROHTAS. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-07-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest in connection with Suryapura P.S. Case No. 80 of 2024 for the offence registered under sections 20(b), (ii)(b) and 22(b) of the N.D.P.S. Act lodged on 29.03.2024 by the informant, Rohit Kumar.
3. As per the prosecution story, the informant alleged that the house of Akhtar Alam was raided, he tried to escape but was apprehended and 8.320 kg. of ganja recovered/seized. Upon query, he gave the name of this petitioner to be a party to the said sell of 'ganja'. Accordingly, the F.I.R.
4. Learned Counsel for the petitioner submits that the police arrested Akhtar Alam, recovered/seized the 'ganja' aforesaid and forced him to name this petitioner who is actually
Patna High Court CR. MISC. No.40133 of 2024(2) dt.03-07-2024 2/3 the wife of Akhtar Alam and implicated her as an accused. She do not have criminal antecedent nor anything recovered from her conscious possession.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the husband of the petitioner named her.
6. Taking into account the aforesaid facts as also that there is no recovery from her conscious possession, she do not have criminal antecedent and is a lady, this Court is inclined to extend her privilege of anticipatory bail.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Rohtas at Sasaram in connection with Suryapura P.S. Case No. 80 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.40133 of 2024(2) dt.03-07-2024 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Neha/- U T