Mahendra Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33970 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- RAHUI District- Nalanda ======================================================

1. Mahendra Chaudhary, Son of Late Gorelal Chaudhary

2. Sarswati Devi, Wife of Mahendra Chaudhary Both are resident of Village - Ora, Police Station- Rahui, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Sri Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-07-2018 After some argument, Sri Rabindra Prasad Singh, learned counsel for the petitioners in presence of Sri Tarun Prasad Mandal, learned Additional Public Prosecutor requests for allowing him to withdraw the present anticipatory bail petition so far petitioner no. 1 is concerned. The prayer is allowed.

Accordingly, prayer for grant of anticipatory bail in respect of petitioner no. 1 / Mahendra Chaudhary stands dismissed as withdrawn.

Heard learned counsel for the petitioner no. 2. Petitioner no. 2 , apprehending her arrest in connection with Rahui P.S. Case No. 114 of 2018, registered for the offence under Section 272 and 273 of the Indian Penal

Patna High Court Cr.Misc. No.33970 of 2018(4) dt.03-07-2018 2/2 Code, 1860 and Section 30(A) of the Bihar Excise and Prohibition Act, 2016, has prayed for grant of bail in the event of her arrest or surrender.

Learned counsel for the petitioner no. 2 submits that petitioner no. 2 has been arrayed as accused only in view of the fact that she is wife of petitioner no. 1 , otherwise, there was no reason to implicate her in the present case. In view of the facts and circumstances, in the event of her arrest or surrender within a period of six weeks from today, let petitioner no. 2, who is lady, namely Sarswati Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned VIth Addl. District and Sessions Judge cum Special Judge, Excise Nalanda at Biharsharif / concerned court in connection with Rahui P.S. Case No. 114 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T