Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47089 of 2019 Arising Out of PS. Case No.-48 Year-2018 Thana- BANSHI District- Jehanabad ====================================================== BABITA DEVI W/o Uday Kumar R/o village- Dharnai, Tola- Dhangai, P.O.- Kurtha, P.S.- Banshi, District- Arwal ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Prakash Srivastava, Advocate Ms. Anu Priyadarshani, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-10-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner in the present case is seeking anticipatory bail in connection with Banshi P.S. Case No. 48 of 2018 registered for the offences punishable under Section 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

Learned counsel for the petitioner submits that since it has come in inspection report itself that the petitioner had not lifted Kerosene oil and the foodgrains for the month of October, 2018, the allegation that the petitioner had made forged entries in the ration card of some of the beneficiaries are only concocted and have been purposely alleged to implicate the

Patna High Court CR. MISC. No.47089 of 2019(3) dt.15-10-2019 2/3 petitioner.

Learned APP for the State has opposed the prayer of anticipatory bail as according to him, the petitioner has not only realized excess price with respect to the foodgrains made available to the beneficiaries but also made wrong entries in the ration cards. It is submitted that the license of the petitioner has been presently placed under suspension and the matter is under inquiry.

In the given facts and circumstances of the case where it is evident from the records that the petitioner has still not lifted kerosene oil and the foodgrains for the month of October, 2019 and after placing her license under suspension the matter is still under inquiry, let the petitioner above named in case of her arrest or surrender within a period of four weeks from today in connection with Banshi P.S. Case No. 48 of 2018 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Arwal, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

Patna High Court CR. MISC. No.47089 of 2019(3) dt.15-10-2019 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T