Baby Kumari @ Bobby Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38584 of 2022 Arising Out of PS. Case No.-25 Year-2020 Thana- PURNEA SADAR District- Purnia ====================================================== BABY KUMARI @ BOBBY KUMARI Daughter of Rajendra Mandal Resident of village - Udaynagar, Rangakol, P.O. Gopalpatti, P.S.- Falka, Distt. - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Excise Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 43.920 liters from a Tata Tiago car and 17.640 liters of liquor from an unnumbered Hyundai I-20 car.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is submitted that petitioner came to be implicated as she is owner of the alleged vehicle. Learned counsel next submits that police in mechanical manner proceeds and implicates, it is further submitted that the

Patna High Court CR. MISC. No.38584 of 2022(2) dt.03-11-2022 2/2 driver of the vehicle was arrested and as such, the petitioner was completely unaware that the driver of the vehicle would misuse the vehicle for such illegal purpose as no prudent person would indulge in any illegal activity by using his or her own vehicle and thus creates evidence herself.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Purnea Sadar P.S. Case No. 25 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T