Pratima Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50721 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== Pratima Kumari Daughter of Late Gorakh Yadav Resident of village-Golaghat Dumari, Ps- Yogapatti Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niraj Kumar Sharma For the Opposite Party/s :
Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 147, 149, 323, 342, 353, 413, 414, 504, 272 and 273 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 5 liters of liquor from a motorcycle and Bittu along with Raju are alleged to have been arrested but then a crowed gathered and freed them from police custody.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that petitioner, being sister of Bittu, came to be
Patna High Court CR. MISC. No.50721 of 2024(2) dt.09-08-2024 2/2 implicated in the instant case. It is also submitted that Bittu has been granted the privilege of anticipatory bail by an order dated 25.05.2023 in Criminal Miscellaneous No. 32922 of 2023.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. 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. 500/- (Rupees Five Hundred) 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 Yogapatti P.S. Case No. 45 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Rishabh/- U T