Anandmayee Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16841 of 2016 Arising Out of PS.Case No. -144 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ====================================================== Anandmayee Tiwary Wife of Vikash Kumar Mishra, Resident of Mohalla - Mahajan Toli No. 1, P.S. - Ara Town, District - Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Nath Sinha, Adv. For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2016 Heard both sides.
The petitioner apprehends her arrest in Ara Town P.S. Case No. 144/16, registered for the offence punishable under Sections 467, 468, 420, 274, 275, 276, 120B of the Indian Penal Code and Sections 126a, 122(I)(d), 188(a)(b)(c), 12(II)(d), 28(a)(b)(c) of Drugs and Cosmetics Act.
The shop of the petitioner was raided and different medicines containing more than 12% of alcohol were recovered. It is submitted that some syrup tincture and mother tincture containing more than 12% of alcohol were recovered. Petitioner is the wife of Vikash Kumar Mishra who was apprehended on the spot. Vikash Kumar Mishra has taken license in the name of the petitioner. She has no manner of concern with
Patna High Court Cr.Misc. No.16841 of 2016 (4) dt.05-07-2016 2/2 the shop. She is a lady. The husband of the petitioner Vikash Kumar Mishra has been granted bail by the court below vide order passed in B.P. No. 240/16. Bhaskar Kumar Sinha and co-accused Binod Kumar Mishra have already been enlarged on anticipatory bail vide orders passed in Cr. Misc. 19060/2016 and 17017/2016. Considering the facts aforesaid and the fact that petitioner is a lady, the petitioner, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur in connection with Ara town P.S. Case No. 144/16, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T