Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40711 of 2017 Arising Out of PS.Case No. -42 Year- 2016 Thana -AKILPUR District- PATNA ======================================================

1. Sunita Devi, W/o Late Udai Kumar, Resident of Purani Pannapur, P.S.- Akilpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends her arrest in Akilpur P.S. Case No. 42/2016 instituted for the offence under Section 7 of the E.C. Act.

There is allegation against this petitioner in the written report that total 42.80 quintals of rice and 29.60 quintals of wheat were found short in the stock which gave suspicion of blackmarketing by the petitioner. Learned counsel for the petitioner has submitted that for such alleged irregularity, in the written report, license of the PDS shop of petitioner was cancelled. Other co-accused with similar allegation has already been granted anticipatory bail vide order dated 14.07.2017 passed in Cr. Misc. No. 32485/2017.

Patna High Court Cr.Misc. No.40711 of 2017 (3) dt.04-09-2017 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Akilpur P.S. Case No. 42/2016, she shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J.) Rakhi U T