Panma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51291 of 2018 Arising Out of PS.Case No. -185 Year- 2016 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Panma Devi, Wife of Budhan Kewat, Resident of Village- Vidyarthi Tola, P.S.- Muffasil, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 The petitioner is apprehending her arrest in connection with Special Case No. 01/2016 arising out of Khagaria (Gangaur) P.S. Case No. 185/2016, G.R. No. 587/2016, registered for offences punishable under Sections 17/18 of NDPS Act. Allegation as per F.I.R. is of cultivating of opium in her field and same was seized by the police.

Submission of learned counsel for the petitioner is that F.I.R. itself shows that cultivation was made by another accused person and not by the petitioner and she has been made accused in this case only because that the said plot registered in the name of the petitioner and the plot is situated far away from her house and husband of the petitioner takes care of that land. Further submitted that the petitioner is an old lady and falsely been implicated. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.51291 of 2018 (2) dt.14-09-2018 2/2 circumstances of the case, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Khagaria, in connection with Special Case No. 01/2016 arising out of Khagaria (Gangaur) P.S. Case No. 185/2016, G.R. No. 587/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make herself available as and when required by the police and on the event of failure on her part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T