Smt. Prabha Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.30933 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30933 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -HATHIDAH District- PATNA ====================================================== Smt. Prabha Devi, aged about 57 years, W/o Ishwar Mahto Resident of village Auta, Khar Toli, Ward No. - 8, P.S. - Hathidah, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vikas Kumar For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2017 Heard both sides.

The petitioner apprehends arrest in connection with Hathidah (Barh) P.S. Case no. 14 of 2017 registered for the offence under Sections 420 of I.P.C. and Section 7 of E.C. Act pending in the court of S.D.J.M., Barh.

The petitioner is a PDS dealer against whom the informant (Block Supply Officer, Mokama) has alleged that in course of business, the petitioner has committed several irregularities. The annexures enclosed with the written report shows that he at the time of inspection found two bags of wheat stitched by machine and one bag containing 25 kgs. wheat tide with rope. The informant recorded statement of some of the consumers on two seats of papers on which the most of the consumers put their thumb impression. The irregularities pointed

Patna High Court Cr.Misc. No.30933 of 2017 (2) dt.06-07-2017 by the informant appears vague. Some of persons who signed/affixed thumb impression are other than the person cited in the column. The petitioner claims to be PDS dealer since 2007, but till the institution of the present case, no complaint was lodged against her. The petitioner claims that the present case has been lodged with ulterior motive as she did not surrender to the wish of the informant. None of the witnesses cited by the informant says about indulgence of the petitioner in black marketing. They have simply alleged that their Rashon cards were not endorsed. The allegation of violation of rules and regulations by this petitioner appears vague and are not specific. In the facts and circumstance of the case, the anticipatory bail prayer is allowed.

The petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna in connection with Hathidah (Barh) P.S. Case no. 14 of 2017, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure.