Sharmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37627 of 2020 Arising Out of PS. Case No.-235 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Sharmila Devi Wife Of Chandrashekhar Ray @ Chandra Shekhar Paswan Resident Of Village Gogri Ps Gogri District Khagaria At Present Address Of Village Mathurapur Ps Khgaria District Khgaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

The petitioner is apprehending her arrest in a case registered under Section 7 of the E.C. Act.

Prosecution case, in short, is that the petitioner lifted 2 quintal wheat and 3 quintal rice of 18 beneficiaries in place of other dealer, namely, Ghanshyam Mandal and Vinay Kumar Singh for black marketing by wrongfully dealer authentication through POS machine.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.37627 of 2020(2) dt.22-07-2021 2/2 tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is a lady. She is a P.D.S. dealer. Some food grains were supplied to the petitioner. The petitioner had no knowledge regarding the same. The petitioner has been made accused due to mistake of fact. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned S.D.J.M., Khagaria in connection with Khagaria P.S. case No.235 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T