Rambha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46698 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- SAHODARA District- West Champaran ====================================================== 1.

Rambha Devi Wife of Sri Munna Chaudhary, Resident of Village - Pipra, P.S.- Sahodara, Distt - West Champaran.

2.

Sugandhi Devi Wife of Sri Jhameli Chaudhary, Resident of Village - Pipra, P.S.- Sahodara, Distt - West Champaran.

3.

Chiraiya Devi Wife of Sri Khublal Chaudhary, Resident of Village - Pipra, P.S.- Sahodara, Distt - West Champaran.

4.

Gayatri devi Wife of Sri Prahlad Chaudhary, Resident of Village - Pipra, P.S.- Sahodara, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2019 Heard both sides.

Petitioners apprehend their arrest in Sahodara P.S. Case No.45 of 2018 registered under Sections 147, 148, 149, 353, 332, 333, 504, 506 of the Indian Penal Code and under Section 30(a) (d) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioners submits that liquor was recovered from the house of Chiraiya Devi (petitioner no.3) but all the accused persons including Rambha Devi, Sugandhi Devi and Gayatri Devi (petitioners) have been made accused on the accusation that they protested the raid in the house of

Patna High Court CR. MISC. No.46698 of 2019(2) dt.29-07-2019 2/3 Chiraiya Devi (petitioner no.3) and also started brick batting on the police officials. It is submitted that no police official was injured. The petitioners are ladies.

Having considered the facts and the nature of allegation made against Rambha Devi (petitioner no.1), Sugandhi Devi (petitioner no.2) and Gayatri Devi (petitioner no.4) that they are ladies and there is omnibus and general allegation against them that they made protest against the raid in the house of Chiraiya Devi (petitioner no.3), the above named Rambha Devi (petitioner no.1). Sugandhi Devi (petitioner no.2) and Gayatri Devi (petitioner no.4), in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah in connection with Sahodara P.S. Case No.45 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

So far the case of Chiraiya Devi (petitioner no.3) is concerned, it appears that she was indulged in preparing country

Patna High Court CR. MISC. No.46698 of 2019(2) dt.29-07-2019 3/3 made liquor in her house and on raid, country made liquor and other articles meant for preparation of country made liquor were recovered.

Having considered the facts aforesaid, I am not inclined to enlarge Chiraiya Devi (petitioner no.3) on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Harish/- U T