Gita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.201 of 2021 Arising Out of PS. Case No.-51 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== GITA KUMARI, Female, aged about 22 years, W/o Late Santosh Singh, Resident of Village- Hadhadwa Pachane, Police Station- Satgama, DisttKoderma. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Birendra Kumar, Advocate.

For the Opposite Party :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

The petitioner is apprehending her arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 20 liters wine is recovered from the Motorcycle in question. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged

Patna High Court CR. MISC. No.201 of 2021(2) dt.23-08-2021 2/3 against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. It is alleged that total 20 liters wine is recovered from the Motorcycle in question. The petitioner is alleged to be the owner of the Motorcycle in question. The said Motorcycle was given by the petitioner to his co-villager for his personal use. The petitioner is a lady. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances of the case, let 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 the learned Additional Sessions Judge-II-cum-Special Judge, Nawada, in connection with Govindpur P.S. Case No. 51/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.201 of 2021(2) dt.23-08-2021 3/3 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) U.K./- U T