Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78661 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== 1.
SITA DEVI W/O KHANNA MUKHIA @ RAJESH KHANNA MUKHIYA VILLAGE- KORAHIYA, PS. JAYNAGAR, DIST. MADHUBANI 2.
SURTI DEVI W/O BAUEY LAL MUKHIA VILLAGE- KORAHIYA, PS. JAYNAGAR, DIST. MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-03-2024 In the forenoon as also in the afternoon despite call no one appears on behalf of the petitioners.
2. The petitioners are apprehending their arrest in connection with Jainager P.S. Case No. 194 of 2023 for the offence under Sections 272, 273 and 34 of the I.P.C. and Under Section 30(a) of the Bihar Excise Prohibition Act lodged on 07.05.2023 by the informant, Roshan Kumar.
3. As per the prosecution story, the police on secret information raided the house of Khanna Mukhiya and 156 liters of Nepali wine recovered/seized. The wife of the said mukhiya (petitioner No. 1) escaped, thereafter, the house of Surti Devi (petitioner No. 2) was raided and 180
Patna High Court CR. MISC. No.78661 of 2023(3) dt.21-03-2024 2/3 liters of Nepali wine recovered/seized. Accordingly, the FIR.
4. As there is none appearance on behalf of the petitioners, having gone through the record it is found that the same has been recovered from the house which is a joint property, the petitioners are lady, FIR lodged, will be facing the trial, this Court is inclined to extend them privilege of anticipatory bail with conditions.
5. Learned APP opposes the prayer.
6. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ADJ-II cum Special Judge, Excise Act, Madhubani, District-Madhubani in connection with Jainager P.S. Case No. 194 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioners who shall provide official document to show their bona fide;
Patna High Court CR. MISC. No.78661 of 2023(3) dt.21-03-2024 3/3 (ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
7. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Adnan/- U T