Menaka Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60854 of 2022 Arising Out of PS. Case No.-189 Year-2021 Thana- PATORI District- Samastipur ====================================================== MENAKA KUMARI W/o Vijay Rai @ Manajay R/o Mohalla- Mohanpur Patthar Ghat, P.S.- Patori, Distt- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Prabhat, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 6 litres of liquor from Vijay Rai's semi-constructed building.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that alleged recovery is from a semi-constructed
Patna High Court CR. MISC. No.60854 of 2022(2) dt.22-11-2022 2/2 house, in which the petitioner along with her family members were not staying and thus was accessible to villagers at large, it is next submitted that she came to be implicated merely because she is wife of Vijay Rai in a mechanical manner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Patori (Mohanpur O.P.) P.S. Case No. 189 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T