Mamta Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50671 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== Mamta Devi Wife Of Ritesh Kumar Jha Resident Of Village -Jhakhra, PsSarairanjan, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Shankar Singh, Advocate For the State :
Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-08-2024 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Lakhnaur P.S. Case No. 144 of 2023 for the offence under Sections 272, 273 and 34 of the I.P.C. lodged on 11.07.2024 by the informant, Md. Shamim.
3. As per the prosecution story, the informant alleged that on secret information, the Toyota car was raided and 110.4 liters of foreign liquor recovered/seized.
4. Learned counsel for the petitioner submits that only because the lady owned the car, implicated. Actually, it was sold to Shailendra Kumar, but since the ownership was not transferred, implicated. She will be diligently appearing in the trial.
Patna High Court CR. MISC. No.50671 of 2024(2) dt.09-08-2024 2/3
5. Learned APP opposes the prayer submitting that the car belongs to her.
6. Taking into account the submissions as also the facts that she is a lady and do not have criminal antecedent, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani, in connection with Lakhnaur P.S. Case No. 144 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with other conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.50671 of 2024(2) dt.09-08-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T