Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27472 of 2016 Arising out of PS.Case No. -73 Year- 2015 Thana -LAUKHA District- MADHUBANI ====================================================== Sunita Devi, Wife of Ramanand Paswan, resident of Village- Madhopur, P.S. Laukaha,District Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Arvind Kumar, Advocate. For the Opposite Party : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in connection with Laukha P.S. Case No. 73/2015, G.R. No. 671/2015 for the offences instituted under Section 7 of the E.C. Act. The prosecution story, in brief, is that on 03.05.2015, one co-accused Saryug Nayak was apprehended by S.H.O. Laukha, as he was carrying 100 liters of Kerosene Oil and on query, he disclosed that he purchased Kerosene Oil from the businessman, Khutauna, but he did not produce any paper. During the course of enquiry, it was found that the said Kerosene Oil was of this petitioner, a P.D.S. dealer. It was also found that this petitioner and co-accused Saryug Nayak were involved in black marketing

Patna High Court Cr.Misc. No.27472 of 2016 (2) dt.13-07-2016 2/2 of Kerosene Oil.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. She has falsely been implicated in the present case. There is no recovery of any incriminating article from possession of the petitioner. From perusal of the F.I.R., it is evident that the recovery of 100 liters of Kerosene oil has been made from possession of one Saryug Nayak. Petitioner's name was figured in the present case on the basis of confession of co-accused.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Laukaha P.S. Case No. 73/2015, G.R. No. 671/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T