Veena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54118 of 2016 Arising Out of PS.Case No. -114 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Veena Devi, Wife of Akhilesh Singh, daughter of Kanti Devi, Resident of village - Pasparla, P.O. Rupdih, P.S. Motihari Muffasil, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ansul, Advocate For the Opposite Party : Mr. Pradeep Narain Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Pakridayal P.S. Case No. 114 of 2016, registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and sections 47, 51, 52, 53 and 54 of Bihar Excise Amendment Act, 2016.

The petitioner is not named in the First Information Report, from perusal of impugned order it reveals that in supplementary case diary in para 42 and 49 on the basis of partnership deed the name of the petitioner has transpired that she is also a partner. The husband of the petitioner namely Akhilesh

Patna High Court Cr.Misc. No.54118 of 2016 (2) dt.21-12-2016 2/2 Singh is co-accused in this case, the petitioner only on the basis of the name figured in partnership deed is apprehending her arrest. In the whole F.I.R. there is no allegation against the petitioner and, as such, it is submitted that the petitioner may be granted the privilege of pre-arrest bail to which the learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that the name of the petitioner has transpired from partnership deed and in the whole F.I.R. there is no allegation against the petitioner and, as such, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Chief Judicial Magistrate, East Champaran at Motihari, in connection with Pakridayal P.S. Case No. 114 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T