Rajni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43800 of 2019 Arising Out of PS. Case No.-68 Year-2018 Thana- DANIYAWAN District- Patna ====================================================== RAJNI DEVI, aged about 45 years, Gender- Female, Wife of Sadhu Chauhan, Resident of Village-Sonaru, P.S-Fatuha, District-Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Giridhar Gopal Tiwary, Adv.
For the Opposite Party/s :
Mr.Dr. Ajeet Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-07-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Special Case No. 51 of 2018 arising out of Daniyawan P.S. Case No. 68 of 2018 registered for the offences punishable under Sections 20/22 of the N.D.P.S. Act As per allegation, the police apprehended petitioner along with co-accused Upendra Rai, Soni Devi and Chootu Chauhan on the spot on getting confidential information that in the rented house of Rajni Devi (Petitioner) which belongs to one Satyendra Gope situated at Daniyawan Bazar, some objectionable material was brought by some persons in a bag. On search, altogether 102.1 kg. Ganja in different plastic bags has been recovered from the said rented house.
Patna High Court CR. MISC. No.43800 of 2019(2) dt.24-07-2019 2/3 Petitioner has earlier moved this Court for bail vide Cr. Misc. No. 69241 of 2018 which was rejected on 21.12.2018 with a liberty to renew his prayer for bail after completion of one year in custody. Petitioner is in custody since 25.05.2018. Considering the aforesaid facts and circumstances of the case and the observation made in order dated 21.12.2018 passed in Cr. Misc. No. 69241 of 2018, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Special Judge, Patna in connection with Special Case No. 51 of 2018 arising out of Daniyawan P.S. Case No. 68 of 2018 with following conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court and her absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel her bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Patna High Court CR. MISC. No.43800 of 2019(2) dt.24-07-2019 3/3
(4) If the petitioner is found involved in similar nature of offences, after her release on bail the trial court shall take steps to cancel his bail bonds.
(S. Kumar, J) Rajiv/- U T