Krishna Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84642 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- ASARGANJ District- Munger ====================================================== KRISHNA DEVI WIFE OF KAPILDEV YADAV RESIDENT OF VILLAGE- PATHADDA, P.S.- FULLIDUMAR, DISTRICT- BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh For the Opposite Party/s :
Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(F), 32 of Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 50 litres of codiwell syrup. It is next submitted that petitioner came to be implicated in the instant case based on the fact that the seized motorcycle was registered in her name. It is next submitted that no prudent person would use her own vehicle for committing an occurrence and thus would create evidence against herself and hence would get implicated. It is thus submitted that the petitioner was
Patna High Court CR. MISC. No.84642 of 2023(3) dt.20-03-2024 2/2 completely unaware that Abhay Kumar would misuse the vehicle in the manner as alleged. It is next submitted that it is not the case of prosecution that they saw any woman fleeing from the place of occurrence.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Asarganj P.S. Case No.63/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T