Ruby Devi @ Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64375 of 2021 Arising Out of PS. Case No.-71 Year-2021 Thana- MATIHANI District- Begusarai ====================================================== RUBY DEVI @ RUBI DEVI W/o Birju Ray @ Birju Roy Resident of village - Chakballi, Diyara, P.S.- Matihani, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-12-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending her arrest in a case registered under Sections 25(1-AA, 25(1-B), 26 and 35 of the Arms Act.

The prosecution allegation, in short, is that one rifle and one masket are recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.64375 of 2021(2) dt.24-12-2021 2/2 present case. The petitioner is a lady. Arms are said to have been recovered from the joint house of the petitioner where other family members also live. The petitioner had no knowledge regarding the said arms. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Matihani P.S. Case No. 71/2021, G.R. No. 1669/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T