Rita Kumari @ Rita Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29308 of 2016 Arising Out of PS.Case No. -119 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ====================================================== Rita Kumari @ Rita Singh, wife of Late Raj Kumar Singh, resident of Village-Malgai Amnour Bazar, P.S.-Amnour, District-Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dayanand Singh For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-08-2016 The petitioner is languishing in custody since 13.04.2016 in a case registered for the offences punishable under Sections 8, 21, 29 of the N.D.P.S. Act. The prosecution case is that the informant being Sub-Inspector of Gandhi Maidan Police Station while patrolling on 11.04.2016 received information that some smugglers have gathered near Regent Theatre to deal with narcotic drugs and psychotropic substances when four persons were apprehended who disclosed their names as Upendra Sao, Rajeev Kumar Raman, Rakesh Kumar and the petitioner Rita Kumar @ Rita Singh.

From the possession of co-accused Rakesh Kumar 395 grams of heroin kept in a small leather pocket, cash of Rs. 1200/-, duplicate driving license and pan card, one mobile and two sim cards were recovered while from the possession of other co-accused including the petitioner one mobile and two sim cards were recovered.

Patna High Court Cr.Misc. No.29308 of 2016 (3) dt.16-08-2016 2/2 petitioner confessed that she brought the heroin to sell it to coaccused Rakesh Kumar and Rajeev Kumar Raman for consideration amount of rupees ten lacs.

It is submitted by learned counsel for the petitioner that admittedly the recovery has not been made from the petitioner. The confession is before the police. Moreover the investigation has already concluded.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Mr. J.N. Thakur, learned counsel for the State, after going through the case diary submits that admittedly the recovery has not been made from the petitioner and the investigation has already concluded.

Considering the aforesaid facts, 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 Sessions Judgecum-Special Judge, Patna in connection with Gandhi Maidan P.S. Case No. 119 of 2016,(Special Case No. 12 of 2016). (Dinesh Kumar Singh, J) Shageer/- U T