Sintu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2835 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- GAURICHAK District- Patna ====================================================== SINTU DEVI W/o Deepak Singh Resident of Village-Piyariya, P.S.- Gaurichak, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Gaurichak P.S. Case No. 311 of 2023 dated 26.05.2023, instituted for the offence punishable under Sections 120'B' of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.
3. The prosecution was alleged to be running a mini gun factory with her associate in newly constructed house, also they told that same has been recovered from the premises, nothing has been recovered from her as well as her house, nor she was arrested, also he contended that it was Vinod Singh's house, her father-in-law and both the accused as well as coaccused live separately with their children.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.2835 of 2024(2) dt.07-02-2024 2/3 petitioner is innocent and she has been falsely implicated in this case. It is further submitted that nothing has been recovered from the physical possession of the petitioner nor from her house. It is submitted that from perusal of the seizure list, it is evident that the seized articles were recovered from the newly constructed building of Vinod Singh. It is further submitted that there is no connection with the house of Vinod Singh and the house of petitioner and petitioner is living separately with her husband and children. It is further stated that petitioner has been made accused only on the basis of confessional statement of Md. Ahsan and Bashir and only on the basis of suspicion, the petitioner has been made accused in this case. Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Gaurichak P.S. Case No. 311 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.2835 of 2024(2) dt.07-02-2024 3/3 A.C.J.M, VI, Patna City, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T