Most. Bachchi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7858 of 2016 Arising Out of PS.Case No. -92 Year- 2015 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Most. Bachchi Devi wife of Late Hira Dharhi, resident of VillageManpur, P.S.- Sare, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilendu Kumar Choudhary For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sare Police Station Case No. 92 of 2015, disclosing offences under Sections 272/273 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act. The petitioner is a lady. It has been stated that she has no criminal antecedent and has been wrongly implicated in a case punishable under Sections 272/273 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act.

Learned Counsel for the petitioner submits that the petitioner is a widow and there is no chance that she will be tampering with the evidence or fleeing from the

Patna High Court Cr.Misc. No.7858 of 2016 (2) dt.09-03-2016 2/2 course of justice.

Considering the submission that it is for the first time that the petitioner has been implicated in a case under Section 47 (a) of the Bihar Excise Act and that she is a lady and, therefore, there is no likelihood of her being away from the course of justice, this application is allowed. Let the petitioner, Most. Bachchi Devi, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Nalanda, Biharsharif, in connection with Sare Police Station Case No. 92 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √