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Patna High CourtCR. MISC./33605/2018bail granted

Siya Devi v. The State Of Bihar

2018-06-14Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33605 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- Chiraiya District- East Champaran ====================================================== Siya Devi W/o Haricharan Paswan, R/o Vill.- Khartari, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

14-06-2018 Heard Sri Ajay Kumar Singh, learned counsel for the petitioner and Sri Shantanu Kumar, learned Addl. Public Prosecutor.

The sole petitioner, who is lady and having clean antecedent, which fact has been stated in paragraph - 3 of the petition, has approached this Court with a prayer to grant anticipatory bail in Chiraiya P.S. Case No. 68 of 2018 registered for offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner, by way of referring to seizure list, submits that in the case, recovery was shown from the premises of the husband of the petitioner and petitioner, being wife, has been arrayed as one of the accused in the F.I.R. Learned counsel for the petitioner submits that save

Patna High Court Cr.Misc. No.33605 of 2018(2) dt.14-06-2018 2/2 and except the fact that petitioner is wife of the owner of the premises, there is no other material to connect her in the present case.

In view of facts and circumstances, particularly the fact that petitioner is lady, having clean antecedent as well as no other material save and except the fact that she is wife of the owner of the premises, there is no reason to refuse the prayer for anticipatory bail.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely Siya Devi 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 4th Additional Sessions Judgecum Special Judge, Excise, Motihari, East Champaran in connection with Chiraiya P.S. Case No. 68 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T