Dina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41345 of 2018 Arising Out of PS.C.ase No. -21 Year- 2016 Thana -HARINMAR District- MUNGER ======================================================
1. Dina Devi W/o Late Kamal Kishore Singh, R/o Vill.- Harinmar , P.S.- Harinmar, District- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends her arrest in Harinmar P.S. Case No. 21/2016, instituted for the offences under Sections 379 and 413 of the Indian Penal Code as well as Section 7 of the E.C. Act. Learned counsel for the petitioner has submitted that nothing specific has been recovered from the possession of the petitioner.
In the written report, it is alleged that one Ajoy Sah was apprehended with 19 bags of Arwa Rice loaded on a Bullock Cart and on his arrest, he disclosed the name of the petitioner as PDS dealer, from where the said Arwa Rice was purchased for blackmarketing.
Patna High Court Cr.Misc. No.41345 of 2018 (2) dt.17-07-2018 2/2 Learned counsel for the petitioner has submitted that there is no any complaint against the petitioner of black-marketing. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Harinmar P.S. Case No. 21/2016, she shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438(2) of the 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 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 tamper 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.) Rakhi U T