Patna High CourtCR. MISC./36186/2020bail granted

Phulwatiya Devi v. The State Of Bihar

2021-02-12Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36186 of 2020 Arising Out of PS. Case No.-127 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== PHULWATIYA DEVI wife of Sarju Bhuiya Resident of Village- Chhalidohar (Munshi Bigha), P.S- Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 28.06.2020 in connection with Madanpur P.S. Case No. 127 of 2020 (G.R.No.1000 of 2020) for the alleged offences under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 17 of C.L.A. Act.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of arms from the box of the husband of the petitioner. It is submitted that the

Patna High Court CR. MISC. No.36186 of 2020(3) dt.12-02-2021 2/2 husband of the petitioner as well as her son have also been arrested and are in custody. The petitioner is a lady and has already suffered more than seven months in custody and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 28.06.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Madanpur P.S.Case No. 127 of 2020, G.R.No. 1000 of 2020, if she is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T