Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45945 of 2018 Arising Out of PS.Case No. -112 Year- 2018 Thana -SAHKUND District- BHAGALPUR ======================================================
1. Lalita Devi Wife of Khiro Choudhary, resident of Village- Parodominiya Mal, P.S.- Shahkund, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Shahkund P.S.Case no.112 of 2018 , registered for offences punishable under Section 7 of the E.C. Act.
Allegation against the petitioner is that he was sending 54 quintal of grains (rice and wheat) but the same was apprehended by one Yogendra Mandal and he produced the same before the police and on verification, 9.92 quintal of wheat and 15.03 of quintal rice were found less.
Submission of the learned counsel for the petitioner is that the whole case has been lodged at the instance of Yogendra Mandal due to village politics and further the petitioner has asked the authorities to verify it with the Sale Register but the same has
Patna High Court Cr.Misc. No.45945 of 2018 (2) dt.08-08-2018 2/2 not been done. Petitioner is a lady and she is ready to abide by any condition imposed upon her.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bhagalpur in connection with Shahkund P.S.Case no.112 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(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 will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make herself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of her bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T