Bharti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58144 of 2018 Arising Out of PS.Case No. -252 Year- 2018 Thana -GOGRI District- KHAGARIA ======================================================

1. Bharti Kumari, Wife of Vikram Kumar Gupta, M/S Durga Medicine Agency, resident of Mohalla Mali Tola Jamalpur P.S Gogari, DistrictKhagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections-274, 275, 276, 419, 420, 467, 468, 120(B) of the Indian Penal Code, Sections-27(b)(ii), 27(and 3⁄4 of Dowry Prohibition Act), 28, 28(A), 27(c) of Drugs and Cosmetics Act, 2008 and Section-7 of Essential Commodities Act. The prosecution case, in short, is that in course of inspection of business complex of the petitioner, some expiry medicines and some physician samples were found. It is alleged that the petitioner and her husband are indulged in the offence. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.58144 of 2018 (2) dt.10-10-2018 tampering of witnesses alleged against the petitioner. The business of wholesale medicines is in the name of this petitioner but the same is managed by husband of the petitioner. The petitioner has got no concern with the affairs of her husband. She is only licence holder. It is further submitted that the petitioner is ready to deposit an amount of Rs. 50,000/- (fifty thousand) in the court below subject to final outcome of the case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, on deposit of Rs. 50,000/- in the court below subject to final outcome of the case, let the petitioner named above in the event of arrest/surrender within six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria in connection with Gogari P.S. Case No. 252 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T