Kailash Devi @ Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54750 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -JAMALPURWORKSHOP RPF/POST DistrictLAKHISARAI ====================================================== Kailash Devi @ Punam Devi, wife of Late Bishundeo Saw @ Bishundeo Poddar, resident of Village- Purab Sarai, Police Station- Kotavali Munger, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Jainendra Kumar, Advocate. For the Opposite Party : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends her arrest in R.P.F./Post/Jamalpur Case No.02 of 2017 for the offence under Section 30(a) of R.P. (U.P.) Act.

It is mentioned in the written report that in course of watching the informant found a tempo loaded with some railway scrap articles, as mentioned in the written report, and on being asked from the said person, he disclosed his name as Md. Rahil Ahmad and he could not produce any paper regarding the said railway articles to prove his lawful possession rather he confessed that one lady aged 50 years

Patna High Court Cr.Misc. No.54750 of 2017 (2) dt.17-11-2017 2/3 has hired his tempo for Rs.300/- for carrying the aforesaid seized articles from Laxumanpur Pahartali to Neelam Cinema, Munger. She has also given her Mobile No.7277293658 stating that she will meet him at Nilam Cinema.

Counsel for the petitioner has submitted that the name of this petitioner has surfaced in this case on the basis of aforesaid mobile number. As such, it appears that there is no recovery from conscious possession of the petitioner. Petitioner is a lady aged 50 years.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Railway court, Lakhisarai, R.P.F./Port/ Jamalpur Case No.02/17 subject to the conditions as laid down under Section 438 (2) of 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

Patna High Court Cr.Misc. No.54750 of 2017 (2) dt.17-11-2017 3/3 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 tampers 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) AnilKrSinha/- U T