Sarawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58997 of 2018 Arising Out of PS.Case No. -137 Year- 2018 Thana -MAHARAJGANJ District- SIWAN ====================================================== Sarawati Devi, Wife of Late Rajenra Chaudhary, Resident of VillageRamapali, Post- Maharajganj, P.S.- Maharajganj, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.07.2018 in connection with Maharajganj P.S. Case No. 137 of 2018 for offences punishable under Sections 272/273/308 of the Indian Penal Code and Section 41 (i) of the Bihar Prohibition and Excise Amendment Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information, the house of the petitioner was raided and ten liters of Mahua wine was recovered from her house. Accordingly, a seizure list was prepared.

Patna High Court Cr.Misc. No.58997 of 2018 (2) dt.28-09-2018 2/2 It has been submitted by the learned counsel for the petitioner that she is innocent and has been falsely implicated in the aforesaid case. He submits that the petitioner is a widow lady and is languishing in judicial custody since more than two months. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner has got one criminal antecedent against her for allegation of similar nature. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge Excise, Siwan in connection with Maharajganj P.S. Case No. 137 of 2018, subject to the condition that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of her bail bonds.

(Nilu Agrawal, J) Devendra/Priyanka U T