Sakunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83984 of 2019 Arising Out of PS. Case No.-473 Year-2019 Thana- ATRI District- Gaya ====================================================== SAKUNTI DEVI Wife of Sidheshwar Chaudhari @ Bhuneshwar Chaudhari Resident of Village - Sevtar, P.S.- Atri, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272,273 and 414 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the house of the petitioner, 5 litres country made liquor and 30 litres fermented Mahua flower were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house. Considering the nature of recovery, this Court is not inclined to grant anticipatory bail as the same is not maintainable, however keeping in view the fact that petitioner is a lady, meager quantity of recovery coupled with the statement

Patna High Court CR. MISC. No.83984 of 2019(2) dt.18-12-2019 2/2 made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, it is a case for consideration of the prayer for regular bail by the learned Court below in case the petitioner surrenders within a period of six weeks and prays for the same in connection with Atri P.S. Case No. 473 of 2019 pending in the Court of learned Special Judge, Excise, Gaya. This application is accordingly disposed of.

(Dinesh Kumar Singh, J) anil/- U