Most Uma Devi @ Uma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43235 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -SISWAN District- SIWAN ====================================================== Most Uma Devi @ Uma Devi, Wife of Late Sudama Singh, Resident of Village- Siswan, P.S.- Siswan, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Chandra Bhushan Prasad ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Siswan P.S. Case No. 123 of 2017, disclosing offences under Section 420/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act. The petitioner was a PDS dealer. Allegedly, the Station House Officer of Siswan police station had detected 12 bags of rice in one tempo, which was recovered and intimation to this effect was given to the Block Supply Officer. The driver of the vehicle informed that the food

Patna High Court Cr.Misc. No.43235 of 2017 (2) dt.21-09-2017 2/3 grains were being brought from the petitioner's shop, which were sold by her son, namely, Mantu Singh. On physical verification of the petitioner's shop, the Block Supply Officer found material shortage of food grains. Learned counsel for the petitioner has submitted that the petitioner's PDS licence has been cancelled. He further submits that the arrest is only for the purpose of investigation and the petitioner assures that she shall present herself before the police, as and when required, for the purpose of investigation. It has also been submitted that though the petitioner is running the said shop for last several years, for the first time allegation of such nature has been made against her.

Considering the submission, as above, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan, in connection with Siswan P.S. Case No. 123 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.43235 of 2017 (2) dt.21-09-2017 3/3 petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T