Patna High CourtCR. MISC./31833/2015bail granted

Draupati Devi v. The State Of Bihar

2015-08-12Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.31833 of 2015 (2) dt.12-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31833 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Draupati Devi Wife of Late Tarkeshwar Singh Resident of village - Uchakagaon, Police Station - Uchakagaon, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Uchakagaon P.S. case No. 42 of 2015, disclosing offences under Section 7 of the Essential Commodities Act.

Learned senior counsel appearing on behalf of the petitioner submits that petitioner is an old lady and she is a PDS shop dealer. She has been implicated on the ground that rice loaded on a pick up van was found parked in front of the petitioner's house. He submits that no tangible purpose would be served, if the petitioner, who is an old lady, is taken into custody as there is no chance of her tampering with the evidence nor any reason that she would abscond from the course of investigation or trial.

Patna High Court Cr.Misc. No.31833 of 2015 (2) dt.12-08-2015 Accordingly, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Gopalganj in Uchakagaon P.S. Case No. 42 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U