Puniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50261 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- KHIRI MORE District- Patna ====================================================== 1.

PUNIYA DEVI Wife of Chandradev Manjhi @ Buchani Manjhi Resident of Village- Khanpura Tandi Mushahari, Police Station- Khiri More, DistrictPatna. 2.

Janardhan Manjhi @ Janardan Manjhi Son of Late Bachu Manjhi @ bachchhu Manjhi Resident of Village- Khanpura Tandi Mushahari, Police Station- Khiri More, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-08-2019 The learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner No.2, Janardhan Manjhi @ Janardan Manjhi, on the ground that he has already been arrested.

Accordingly, the anticipatory bail petition of petitioner No.2 is dismissed as has become infructuous. Heard both sides.

The petitioner apprehends her arrest in Khiri More P.S. case No. 30 of 2019 registered under Section 341, 323, 504,34 of the IPC and u/s 37(B) ( C) of the Bihar Prohibition & Excise Act.

The informant named the petitioner and other accused

Patna High Court CR. MISC. No.50261 of 2019(2) dt.14-08-2019 2/2 persons and alleged that they all after taking liquor came and assaulted the informant and her family members. The learned counsel for the petitioner submits that all the offences are bailable except Section 37 (C) of Bihar Prohibition & Excise Act. No specific allegation is made against the petitioner. The petitioner is a lady and she had not taken any liquor. There is no allegation that petitioner assaulted either the informant or her family members.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, namely, Puniya Devi, in the event of her arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Khiri More P.S. case No. 30 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

BKS/- (Prabhat Kumar Jha, J) U T