Shanti Devi @ Lalpari Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36365 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- HARSIDHI District- East Champaran ======================================================

1. Shanti Devi @ Lalpari Devi, wife of Nawal Sahani,

2. Nawal Sahani, son of Lal Bahadur Sahani, Both residents of Village- Dhansaraiya, P.S.- Harsidhi, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Abhishek Kumar, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-07-2018 Sri Abhishek Kumar, learned counsel for the petitioners at the very outset requests for allowing him to withdraw the anticipatory bail petition in respect petitioner no. 2/ Nawal Sahani.

The prayer is allowed.

The anticipatory bail petition so far petitioner no. 2/ Nawal Sahani is concerned stands dismissed as withdrawn. Heard Sri Abhishek Kumar , learned counsel for the petitioner no. 1 and learned Additional Public Prosecutor. The petitioner no. 1 , who is a lady, apprehending her arrest in connection with Harsidhi P.S. Case No. 130 of 2018 , registered for the offence under Section 30(a), 45 of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of

Patna High Court Cr.Misc. No.36365 of 2018(3) dt.03-07-2018 2/2 bail in the event of her arrest or surrender. Learned counsel for the petitioner no. 1 submits that petitioner no. 1 is a lady, having clean antecedent and in the present case has been made accused only because of the fact that her husband is also an accused in the present case, otherwise, there is no reason to connect the petitioner no. 1 in the present case.

Considering the nature of accusation, clean antecedent as well as the fact that petitioner no. 1 is a lady , in the event of her arrest or surrender within a period of six weeks from today, let petitioner no. 1 / Shanti Devi @ Lalpari 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 4th Additional Sessions Judge cum Special Judge, Excise, Motihari , East Champaran / concerned court in connection with Harsidhi P.S. Case No. 130 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